The Court of Justice of the European Union and national courts as enforcers of EU law

Abstract

The enforcement of EU legislation is dependent on the functioning of the courts at national and EU level. The courts must ensure effective legal protection of the citizens of the Union and the consistent interpretation and application of EU law. In this chapter we focus on judicial independence as essential for the enforcement of EU law but also discuss the functionality of the judicial system of the EU in a broad sense, including for instance timeliness. We then discuss the main challenges for the judiciary. These main challenges are the independence of national courts, the development of a common judicial culture in the EU and the balance between the State powers at EU level. We examine the needs for further research. The chapter combines a legal perspective with a discussion of behavioural aspects that underlie the decisions of the main actors.