National Judicial Autonomy: The Example of National European Law Precedents in the Dutch Case-Law on the Free Movement of Services and the Freedom of Establishment
Herman Van Harten
Europa Institute, Utrecht University; Utrecht University School of Law
Review of European and Administrative Law, Vol. 2, No. 2, pp. 135-153, 2009
This contribution elaborates on the existence of national judicial autonomy in European law. In the context of this paper, the main example used to demonstrate this phenomenon will be ‘national European law precedents.' National European law precedents are in fact a demonstration of a broader notion of national judicial autonomy. Questions that I particularly propose to address are the following: What is a ‘national European law precedent?' What sort of precedents can we think of in the context of Dutch European case-law? What consequences may follow from the existence of national European law precedents? What is the significance of these precedents? Suppose, a need for correction mechanisms exists, which practical solutions are the most obvious? In this paper I hope to shed some further light on these questions.
Number of Pages in PDF File: 20
Keywords: National Judicial Autonomy, Precedents
JEL Classification: K23, K33Accepted Paper Series
Date posted: February 20, 2010
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