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
18 Pages Posted: 19 Sep 2017 Last revised: 3 Oct 2017
Date Written: September 15, 2017
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
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