National courts and EU law. New issues, theories and methods

National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.

Organised into three key sections, the interdisciplinary chapters combine approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental rights in the area of freedom, security and justice.

The analysis of each section is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics.

With its new legal and empirical assessment covering the newest member states of the EU, this book will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law.

Contents:

1. Introduction. National courts vis-à-vis EU law: new issues, theories and methods - Juan A. Mayoral and Marlene Wind

Part I: Judicial Dialogue and EU Legal Mandates: Recent Developments Along With the Potential and Limitations Arising From Its Use by National Judges
2. The preliminary ruling dialogue: three types of questions posed by national courts - Bruno de Witte
3. The Simmenthal revolution revisited: what role for constitutional courts? - Darinka Piqani
4. Polish civil judiciary vis-à-vis the preliminary ruling procedure: in search of a mid-range theory - Urszula Jaremba
5. National courts and the effectiveness of EU law - Urška Šadl

Part II: EU Law in Member State Courts: The Reception of EU Law in Old, New and Non-EU States
6. Operationalizing the European mandate of national courts: insights from the Netherlands - Monica Claes, Maartje de Visser and Marc de Werd
7. European Union law before national judges: the Polish experience. Adept multicentric vision or creeping hierarchical practice - Marcin Górski
8. Judicial reception of EU law in Estonia - Tatjana Evas
9. 'Emulate thy neighbour?' How dialogues between the CJEU and non-EU courts could be explained through international relations theory - Allan F. Tatham

Part III: Contemporary Dynamics in the Legal Integration of Europe: National Courts’ Roles in Protecting Fundamental Rights and in the Area of Freedom, Security and Justice
10. A predicament for domestic courts: caught between the European Arrest Warrant and fundamental rights - Aida Torres Pérez
11. Immigration and criminal law: is there a judge in Luxembourg? - Rosa Raffaelli
12. Whither judicial Europeanization? The case of the Race Equality Directive - Costanza Hermanin