TOPIC: Tools » Institutions » Regional » Europe » EU » Basic Structure » Legal System
Category
papers
Date
2004-04-01
Actor
Davies, Gareth
Source
University of Hambur...
Uploaded date
2013-08-29
Uploaded by

The Division of Powers between the European Court of Justice

...and National Courts. "The preliminary reference procedure requires the Court of Justice to interpret the Treaty and national courts to apply that interpretation to the facts. However, often the Court gives such specific interpretations that the role of the national court is rendered trivial. This paper argues that two problems result. First, 'which court decides' is a question of competence allocation. A court with a quasi-constitutional nature has an obligation to respect this, even if it means self-denial ... Second, infantilising national courts is bad for the effectiveness of Community law." (Quoted from paper)

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