TY - BOOK

T1 - The Politics of Judging EU Law

T2 - A New Approach to National Courts in the Legal Integration of Europe

AU - Mayoral Diaz-Asensio, Juan Antonio

PY - 2015

Y1 - 2015

N2 - This research aims to present a comprehensive analysis of the political and institutional processes that are at work in the judicial application of EU law on a national level. As a main novelty, the research intends to go beyond judicial behaviour models that focus predominantly on explaining the use of preliminary references. One could namely suggest that the way national courts participate in the preliminary reference procedure is not sufficient to assess the available modes for the judicial integration of Europe. Accordingly, the study considers the impact of political institutional and attitudinal factors affecting the judicial enforcement of EU law.This is done by posing new questions, for instance, the relevance of nationaljudges’ preferences towards EU legal order and institutions, as well as byevaluating and reviewing the impact of political and legal institutions on theirbehaviour and its consequences for policy areas. First of all, the analysis confirms the influence of judges’ evaluation of EU institutions and their nationalcounterparts on their self-perception as EU judges and, subsequently, in theapplication of EU law. Secondly, the study shows how national institutions, likegovernments and national high courts, play a prominent role in shaping nationalcourts’ incentives for the application of EU law, as they may use their institutional power to circumvent judges’ decisions. Finally, it reviews the strategic use of European instruments such as the CJEU precedent and its doctrines (e.g. supremacy) to overcome domestic threats when applying EU law.To conclude, the study tries to expand the explanatory power of the middle range accounts of the role national courts played, by integrating the analytical strength of the legalist/ intergovernmentalist theories into neo-functionalism.

AB - This research aims to present a comprehensive analysis of the political and institutional processes that are at work in the judicial application of EU law on a national level. As a main novelty, the research intends to go beyond judicial behaviour models that focus predominantly on explaining the use of preliminary references. One could namely suggest that the way national courts participate in the preliminary reference procedure is not sufficient to assess the available modes for the judicial integration of Europe. Accordingly, the study considers the impact of political institutional and attitudinal factors affecting the judicial enforcement of EU law.This is done by posing new questions, for instance, the relevance of nationaljudges’ preferences towards EU legal order and institutions, as well as byevaluating and reviewing the impact of political and legal institutions on theirbehaviour and its consequences for policy areas. First of all, the analysis confirms the influence of judges’ evaluation of EU institutions and their nationalcounterparts on their self-perception as EU judges and, subsequently, in theapplication of EU law. Secondly, the study shows how national institutions, likegovernments and national high courts, play a prominent role in shaping nationalcourts’ incentives for the application of EU law, as they may use their institutional power to circumvent judges’ decisions. Finally, it reviews the strategic use of European instruments such as the CJEU precedent and its doctrines (e.g. supremacy) to overcome domestic threats when applying EU law.To conclude, the study tries to expand the explanatory power of the middle range accounts of the role national courts played, by integrating the analytical strength of the legalist/ intergovernmentalist theories into neo-functionalism.

KW - Faculty of Law

KW - EU Judicial Politics

KW - Judicial Behaviour

KW - EU law

KW - National Courts

M3 - Ph.D. thesis

VL - 90

BT - The Politics of Judging EU Law

PB - Instituto Juan March de Estudios e Inv.

CY - Madrid

ER -