In A Lazowski & S Blockmans (eds.), Research Handbook on EU Institutional Law (Edward Elgar, 2016) 353-375.
20 Pages Posted: 7 Jun 2014 Last revised: 22 May 2017
Date Written: June 1, 2014
This paper explores two dimensions of the much bespoken spirit of cooperation between the Court of Justice and the national courts. Its first part outlines, with the help of a case study, the more traditional narrative of how the spirit of cooperation drives the preliminary rulings procedure. The second part adopts a more critical approach. It focuses on the less visible elements of judicial cooperation in the European legal space, which are in need of further research: what is the life of EU law in national courts outside of the preliminary ruling procedure? Is the “spirit of cooperation” reserved only to direct encounters between a national court and the Court, only to the glamorous few cases that made it to Luxembourg? Or does/should it also involve the due application of EU law in normal domestic cases? As perhaps in any relationship, the true nature of a relationship may not surface in situations when the partners are together and looking at each other, but rather when they are not.
Suggested Citation: Suggested Citation
Bobek, Michal, The Court of Justice, the National Courts, and the Spirit of Cooperation: Between Dichtung und Warheit (June 1, 2014). In A Lazowski & S Blockmans (eds.), Research Handbook on EU Institutional Law (Edward Elgar, 2016) 353-375.. Available at SSRN: https://ssrn.com/abstract=2446547
By Michal Bobek
By Yuval Shany