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

Abstract

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.