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dc.contributor.authorMAYORAL DÍAZ-ASENSIO, Juan Antonio
dc.date.accessioned2014-01-29T11:51:30Z
dc.date.available2014-01-29T11:51:30Z
dc.date.issued2013
dc.identifier.citationFlorence : European University Institute, 2013
dc.identifier.urihttp://hdl.handle.net/1814/29634
dc.descriptionExamining Board: Professor Adrienne Héritier, European University Institute/ Robert Schuman Centre for Advanced Studies (Supervisor) Professor Bruno de Witte, European University Institute/Maastricht University Professor Marlene Wind, University of Copenhagen Professor Alec Stone Sweet, Yale University.en
dc.descriptionDefence date: 5 December 2013
dc.description.abstractThis research aims to present a comprehensive analysis of the political and institutional processes that are at work in the judicial application of EU law on a national level. As a main novelty, the research intends to go beyond judicial behaviour models that focus predominantly on explaining the use of preliminary references. One could namely suggest that the way national courts participate in the preliminary reference procedure is not sufficient to assess the available modes for the judicial integration of Europe. Accordingly, the study considers the impact of political institutional and attitudinal factors affecting the judicial enforcement of EU law. This is done by posing new questions, for instance, the relevance of national judges’ preferences towards EU legal order and institutions, as well as by evaluating and reviewing the impact of political and legal institutions on their behaviour and its consequences for policy areas. First of all, the analysis confirms the influence of judges’ evaluation of EU institutions and their national counterparts on their self-perception as EU judges and, subsequently, in the application of EU law. Secondly, the study shows how national institutions, like governments and national high courts, play a prominent role in shaping national courts’ incentives for the application of EU law, as they may use their institutional power to circumvent judges’ decisions. Finally, it reviews the strategic use of European instruments such as the CJEU precedent and its doctrines (e.g. supremacy) to overcome domestic threats when applying EU law. To conclude, the study tries to expand the explanatory power of the middle range accounts of the role national courts played, by integrating the analytical strength of the legalist/ intergovernmentalist theories into neo-functionalism.
dc.language.isoen
dc.relation.ispartofseriesEUI PhD theses
dc.relation.ispartofseriesDepartment of Political and Social Sciences
dc.subject.lcshInternational and municipal law -- European Union countries
dc.subject.lcshCourts -- European Union countries
dc.subject.lcshJustice, Administration of -- European Union countries
dc.titleThe politics of judging EU law : a new approach to national courts in the legal integration of Europeen
dc.typeThesisen


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