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Impact Through Trust: The CJEU as a Trust-Enhancing Institution

Forthcoming. “Impact through Trust: The CJEU as a trust-enhancing institution” in International Courts and Domestic Politics. Marlene Wind and Andreas Follesdal (eds.) Oxford: Oxford University Press

iCourts Working Paper Series No. 105

University of Copenhagen Faculty of Law Research Paper No. 2017-45

18 Pages Posted: 19 Sep 2017 Last revised: 3 Oct 2017

Juan Antonio Mayoral

iCourts, Centre of Excellence for International Courts; European University Institute - Department of Political and Social Sciences (SPS); Juan March Institute for Study and Research

Date Written: September 15, 2017

Abstract

This chapter gives an original response to one of the central questions asked in this book: to what extent does the Court of Justice of the European Union (CJEU) impact domestic political and legal systems and what are its implications? More specifically, how might the CJEU increase the impact of its rulings and legal mandates in national judiciaries and legal systems? This question is crucial if we understand that national courts are the key decentralised enforcers of the European Union (EU) law responsible for ensuring the effectiveness of EU law and the rulings and mandates imposed by the Court. EU scholars have already offered several legalist and institutionalist responses to why national courts participate in this process of legal integration in the EU and, most importantly, why the follow the mandates and rulings from the CJEU. This chapter innovates in this regard by introducing trust between judges as a new mechanism for enhancing the cooperation and compliance by national courts with the CJEU jurisprudence and EU legal mandates. The chapter describes the conditions under which national judges trust the CJEU to identify how the Court can promote trust in its role as a supreme adjudicator in the EU law system.

Keywords: Court of Justice of the European Union, CJEU, National judges, EU law, trust, legal integration

Suggested Citation

Mayoral, Juan Antonio, Impact Through Trust: The CJEU as a Trust-Enhancing Institution (September 15, 2017). Forthcoming. “Impact through Trust: The CJEU as a trust-enhancing institution” in International Courts and Domestic Politics. Marlene Wind and Andreas Follesdal (eds.) Oxford: Oxford University Press ; iCourts Working Paper Series No. 105; University of Copenhagen Faculty of Law Research Paper No. 2017-45. Available at SSRN: https://ssrn.com/abstract=3037443

Juan Antonio Mayoral (Contact Author)

iCourts, Centre of Excellence for International Courts ( email )

Karen Blixens Plads 16
Copenhagen, DK-2300
Denmark

HOME PAGE: http://jura.ku.dk/icourts/staff/profile/?pure=en/persons/475275

European University Institute - Department of Political and Social Sciences (SPS) ( email )

Via dei Roccettini 9
San Domenico di Fiesole
Florence, 50014
Italy

Juan March Institute for Study and Research ( email )

77 Castello Street
Madrid, E-28006
Spain

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