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National Judicial Autonomy

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Abstract:

This contribution elaborates on the existence of national judicial autonomy in European law. In the context of this paper, the main example used to demonstrate this phenomenon will be 'national European law precedents'. National European law precedents are in fact a demonstration of a broader notion of national judicial autonomy. Questions that I particularly propose to address are the following: What is a 'national European law precedent'? What sort of precedents can we think of in the context of Dutch European case-law? What consequences may follow from the existence of national European law precedents? What is the significance of these precedents? Suppose, a need for correction mechanisms exists, which practical solutions are the most obvious? In this paper I hope to shed some further light on these questions.

Document Type: Research Article

DOI: http://dx.doi.org/10.7590/REAL_2009_02_06

Publication date: December 1, 2009

More about this publication?
  • Review of European Administrative Law (REALaw) is a law review, published twice a year (online and in print), in the English language edited at the Department of Administrative Law and Public Administration of the University of Groningen and the Institute of Constitutional and Administrative Law and the Europa Instituut of Utrecht University. Review of European Administrative Law provides a forum for the discussion of issues in the development of European administrative law. The journal aims to cover all aspects of European administrative law, reflecting the role of the European Union, the role of domestic legal orders and their mutual relation and influence.
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