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National Courts as First Instance Community Courts: Revenge of a National Judge?

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Abstract:

In accordance with Community law, national judges are under the obligation to ensure the full effect of EC law and to effectively protect the individuals’ rights flowing from it. Put differently the applications and enforcement of Community law has become dependent on national judges. The primary question which arises with regard to the foregoing observations is, however, whether national judges are capable of fulfilling the new public role which is put on them by Community law and whether they are willing to exercise that role. The primary objective of the present research project is to assess to what extent the national judges are ready to function in multi-level and increasingly Europeanized legal order, that is to say whether they are truly “the agents of the Community order” (cf. Alec Stone Sweet, Governing with judges. Constitutional politics in Europe). The assessment will be conducted on the basis of empirical data which has been gained in the course of socio-legal surveys carried out among Polish, Dutch and German civil law judges.
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Association:
Name: Seventeenth International Conference of the Council for European Studies
URL:
http://www.ces.columbia.edu


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URL: http://citation.allacademic.com/meta/p400515_index.html
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MLA Citation:

Jaremba, Urszula. "National Courts as First Instance Community Courts: Revenge of a National Judge?" Paper presented at the annual meeting of the Seventeenth International Conference of the Council for European Studies, Grand Plaza, Montreal, Canada, <Not Available>. 2014-11-27 <http://citation.allacademic.com/meta/p400515_index.html>

APA Citation:

Jaremba, U. "National Courts as First Instance Community Courts: Revenge of a National Judge?" Paper presented at the annual meeting of the Seventeenth International Conference of the Council for European Studies, Grand Plaza, Montreal, Canada <Not Available>. 2014-11-27 from http://citation.allacademic.com/meta/p400515_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: In accordance with Community law, national judges are under the obligation to ensure the full effect of EC law and to effectively protect the individuals’ rights flowing from it. Put differently the applications and enforcement of Community law has become dependent on national judges. The primary question which arises with regard to the foregoing observations is, however, whether national judges are capable of fulfilling the new public role which is put on them by Community law and whether they are willing to exercise that role. The primary objective of the present research project is to assess to what extent the national judges are ready to function in multi-level and increasingly Europeanized legal order, that is to say whether they are truly “the agents of the Community order” (cf. Alec Stone Sweet, Governing with judges. Constitutional politics in Europe). The assessment will be conducted on the basis of empirical data which has been gained in the course of socio-legal surveys carried out among Polish, Dutch and German civil law judges.


Similar Titles:
Role Orientations of Judges in Latin America: A Pilot Project Survey of Judges in the Supreme Court of Justice, Court of Appeal, and Courts of First Instance in Uruguay

National Judges as European Union Judges: Knowledge, Experiences, and Attitudes of Lower Court Judges in Germany and the Netherlands


 
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