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European Integration And National Courts: Defending Sovereignty Under Institutional Constraints?, Arthur Dyevre
European Integration And National Courts: Defending Sovereignty Under Institutional Constraints?, Arthur Dyevre
Arthur Dyevre
The present paper examines the response of national high courts to the ECJ’s integrationist agenda and tries to uncover the logic behind their qualified acceptance of EU law supremacy and direct effect. Drawing on the legal and political science literature, I discuss and develop several possible explanations for the observed inter-court variation: the courts’ type and organisation; their power to review legislative acts under domestic law; the rules governing access to the judicial forum; the monistic tradition of the legal system and the level of public support for European integration. I then assess the empirical validity of these hypotheses using …
Judicial Non-Compliance In A Non-Hierarchical Legal Order: Isolated Accident Or Omen Of Judicial Armageddon?, Arthur Dyevre
Judicial Non-Compliance In A Non-Hierarchical Legal Order: Isolated Accident Or Omen Of Judicial Armageddon?, Arthur Dyevre
Arthur Dyevre
In a multi-level, non-hierarchical court system, where courts at the upper echelon do not have the power to reverse the decisions of courts at the lower level, judicial cooperation appears crucial to the effectiveness of the higher-level law. For this reason, the recent judgment of the Czech Constitutional Court, which declared the decision of the Court of Justice in the Landtová case ultra vires, would seem to deal a terrible blow to the authority of European Union law. As doomsayers will be quick to point out, the Czech decision could set a dangerous precedent that may well one day bring …