The Application of EC Law by National Courts: The Free Movement of Goods

By Malcolm A. Jarvis | Go to book overview

1 Introduction

The decentralized system for the application and enforcement of European Community (EC) law has the result that the national courts are the natural forum for its application. The need to entrust the application of EC law to the national courts of Member States of the European Community is not only a necessity, but also a reality. The volume of national court case law applying the provisions of substantive EC law confirms that the national judge is indeed the 'juge communautaire de droit commun'.1 This is by no means a new awakening. The early development by the European Court of Justice (ECJ) of the dual doctrines of supremacy and direct effect of EC law made the crucial role of the national courts in the Community's legal order inevitable. Furthermore, since individuals have only limited access to both the ECJ and the Court of First Instance, the national judges necessarily perform the role of 'Community courts'. The central theme of this work is thus to examine the position of the national courts within the judicial architecture of the European Community.

It is now almost a truism to state that a spirit of judicial co-operation between the ECJ and the national courts lies at the heart of the European Community's judicial structure.2 The ECJ, and indeed the development of EC law more generally, relies heavily upon the co-operation of the national courts. The ECJ has stated that this duty of sincere co-operation 'is of particular importance vis-à-vis the judicial authorities of the Member States, who are responsible for ensuring that Community law is applied

____________________
1
See Case T-51/89, Tetra Pak Rausing SA v. Commission [1990] ECR II-309 at para. 42 where this phrase is translated into English as 'Community courts of general jurisdiction', and Case T-219/95R, Danialsson, Largenteau and Haoa v. Commission [1995] ECR II-3051 at para. 77 where the same phrase in French is translated as 'the ordinary courts of Community law'. Temple Lang has written that '[e]very national court in the European Community is now a Community law court' and that 'in fact national courts probably interpret and apply Community law more often than the two Community courts do' ( The Duties of National Courts under Community Constitutional Law' ( 1997) 22 ELRev. 3 at 3). Similarly, Curtin has written that '[u]nder the Community system of decentralised control every national judge is considered to be a Community judge' (The Decentralised Enforcement of Community Law Rights. Judicial Snakes and Ladders' in Curtin and O'Keeffe (eds.) Constitutional Adjudication and National Law at 34).
2
Jacqué and Weiler have commented that 'the judicial co-operation between the European Court and national courts--at the very foundation of the constitutional order--has been one of the major success stories of European integration' ( 'On the Road to European Union--A New Judicial Architecture: An Agenda for the Intergovernmental Conference' ( 1990) 27 CMLRev. 185 at 186).

-1-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
The Application of EC Law by National Courts: The Free Movement of Goods
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 476

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.