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National Judges As EU Law Judges: Reconciling Legal and Social Perspectives

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Chapter Summary

The doctrines of primacy and direct effect of European Union (EU) law, harmonious interpretation, effectiveness, and the preliminary ruling procedure have become formidable instruments that allow national judges to undertake judicial actions normally not permitted under national law. Various scholars focus on the aspects of, inter alia, the application of EU law by the highest national courts, and their attitudes towards the principle of supremacy and direct effect of EU law, or towards the process of cooperation of various national courts with the Court of Justice (CJ). The constitutional and institutional legal frameworks in Poland do not, in principle, present any serious obstacles to the fulfillment of expectations imposed on national judges in relation to EU law. This chapter argues that the theoretical model of a decentralised EU judge as established by the CJEU reveals an arresting and plausible, at least in writing, but certainly an elusive legal perspective.

Keywords: Court of Justice (CJ); European Union (EU) law; national courts; national judges; national law; Poland



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