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(Re)search and Discover: Shared Judicial Authority in the European Union Legal Order

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The relationship between the Court of Justice of the European Union and national courts has fascinated generations of jurists. After more than 50 years of development of European law, questions on the precise role of national courts in the EU's judicial system are still very intriguing. Most notably, questions on the authority, meaning and significance of national European case law, i.e. the judgments issued by national courts regarding European Union law within the EU's judicial system, are still open for debate. How can we really understand the finer nuances and peculiarities of the relationship and interaction between national courts and the Court of Justice? Is this relationship growing towards a 'hierarchical' one? Does the Court of Justice really have the final say on all European legal matters within the European Union legal order? If a context of shared judicial authority is emerging, what does that entail? The aim of the present contribution is to revisit these perennial issues and follow in the quest for shared judicial authority in the EU's judicial system.
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Document Type: Research Article

Publication date: 01 June 2014

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  • 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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