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EU Law Expectations Pertaining to National Judges

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Chapter Summary

This chapter presents the factual duties and expectations that are placed on national courts by means of European Union (EU) acquis. It illustrates how national judges ought to function as decentralised EU law judges: namely, how they are expected to respond to EU law and to decide EU law cases. The chapter presents a theoretical model of the functioning of a national judge as an EU law judge. The national legal systems and sources have mostly been affected in the process of harmonisation through the adoption of EU regulations and directives pertaining to particular realms of substantive law. Furthermore, Court of Justice of the EU (CJEU) case law has played an important role in the process of Europeanisation of national law, since the Court ensures that the law is observed in the interpretation and application of EU law.

Keywords: CJEU; European Union (EU) law; national judges; national legal system; substantive law



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