National Courts and EU Law

Edited by Bruno de Witte, Professor of European Law, Maastricht University, the Netherlands, Juan A. Mayoral, iCourts – Centre of Excellence for International Courts, University of Copenhagen, Denmark, Urszula Jaremba, Europa Instituut, Utrecht University, the Netherlands, Marlene Wind, iCourts and Centre for European Politics, University of Copenhagen, Denmark and PluriCourts, University of Oslo, Norway and Karolina Podstawa, Lecturer, Department of European and International Law,University of Maastricht, the Netherlands

'This new volume offers a fresh perspective on the vital role played by national courts in the implementation of EU law. Wide-ranging and multi-disciplinary in character, it sheds new light on the relationship between national courts and the ECJ and the reception of EU law by national courts. The volume will be welcomed by anyone concerned with the functioning of the EU's legal order.' --Anthony Arnull, University of Birmingham, UK'Overall, the book is a great addition to the literature on the interaction between EU and national law. It provides a further piece to this ever-changing puzzle.'--Common Market Law Review

• Contents:1. Introduction: National Courts Vis-À-Vis EU Law. New Issues, Theories and Methods. Juan A. Mayoral and Marlene WindPART I JUDICIAL DIALOGUE AND EU LEGAL MANDATES: RECENT DEVELOPMENTS ALONG WITH THE POTENTIAL AND LIMITATION ARISING FROM ITS USE BY NATIONAL JUDGES2. The Preliminary Ruling Dialogue: Three Types of Questions Posed by National Courts Bruno De Witte3. The Simmenthal Revolution Revisited: What Role for Constitutional Courts? Darinka Piqani4. Polish Civil Judiciary Vis-À-Vis The Preliminary Ruling Procedure: In Search of a Mid-Range TheoryUrszula Jaremba5. National Courts and the Effectiveness of EU Law Urška ŠadlPART II EU LAW IN MEMBER STATE COURTS: THE RECEPTION OF EU LAW IN OLD, NEW AND NON-EU STATES6. Operationalizing the European Mandate of National Courts: Insights from the Netherlands Monica Claes, Maartje De Visser and Marc De Werd 7. European Union Law Before National Judges: The Polish Experience. Adept Multicentric Vision or Creeping Hierarchical PracticeMarcin Górski8. Judicial Reception of EU Law in EstoniaTatjana Evas9. “Emulate Thy Neighbour?” How Dialogues Between the CJEU and Non-EU Courts Could be Explained Through International Relations TheoryAllan F. TathamPART III CONTEMPORARY DYNAMICS IN THE LEGAL INTEGRATION OF EUROPE: NATIONAL COURTS’ ROLES IN PROTECTING FUNDAMENTAL RIGHTS AND IN THE AREA OF FREEDOM, SECURITY AND JUSTICE.10. A Predicament for Domestic Courts: Caught Between the European Arrest Warrant and Fundamental RightsAida Torres Pérez11. Immigration and Criminal Law: Is There a Judge in Luxembourg? Rosa Raffaelli12. Whither Judicial Europeanization? The Case of the Race Equality Directive Costanza HermaninIndex