New Issues, Theories and Methods
- Judicial Review and Cooperation series
Edited by Bruno de Witte, Juan A. Mayoral, Urszula Jaremba, Marlene Wind and Karolina Podstawa
Chapter 5: National courts and the effectiveness of EU law
Unlike national legal orders, the effectiveness of the European legal order is not secured by a centralized European compliance mechanism. Since successfully enforcing judgments depends upon national courts and national administrative authorities, the CJEU must find ways to replace the monopoly of force with a monopoly of argument designed to prompt compliance. At the same time, it must assert its authority vis-à-vis the same judicial and administrative bodies and its authority over the legal order as a whole. In seeking to achieve these simultaneous roles, the CJEU has limited tools: it can construct symbolic categories such as uniform interpretation, foundations of the common market, implied powers or fundamental principles and concepts with independent meaning; and it can continually refer to the need to promote effectiveness, legal certainty and uniformity and protection of individual rights. Effectiveness is one of the categories which the CJEU regularly weaves into its decisions. Linguistically, it is asserted in terms of effective protection of individual rights, the full effect of secondary law, Treaty articles or European policies, and is epitomized in the so-called effectiveness and equivalence requirement.
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