Creating EU law judges: the role of generational differences, legal education and judicial career paths in national judges' assessment regarding EU law knowledge

TY - JOUR

T1 - Creating EU law judges

T2 - the role of generational differences, legal education and judicial career paths in national judges' assessment regarding EU law knowledge

AU - Mayoral Diaz-Asensio, Juan Antonio

AU - Jaremba, Urszula

AU - Nowak, Tobias

PY - 2014/9

Y1 - 2014/9

N2 - The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure. However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data collected from German, Dutch, Polish and Spanish judges.

AB - The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure. However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data collected from German, Dutch, Polish and Spanish judges.

KW - Faculty of Law

KW - EU law knowledge

KW - Europeanization of the judiciary

KW - Judicial training and networks

KW - National judges

KW - Legal generations and education

U2 - 10.1080/13501763.2014.915871

DO - 10.1080/13501763.2014.915871

M3 - Journal article

SN - 1350-1763

VL - 21

SP - 1120

EP - 1141

JO - Journal of European Public Policy

JF - Journal of European Public Policy

IS - 8

ER -