The Europeanization of national judiciaries: definitions, indicators and mechanisms Articles uri icon

publication date

  • January 2019

start page

  • 386

end page

  • 406

issue

  • 3

volume

  • 26

International Standard Serial Number (ISSN)

  • 1350-1763

Electronic International Standard Serial Number (EISSN)

  • 1466-4429

abstract

  • The article is underpinned by the idea that the national courts/judges are expected to act as decentralized European Union (EU) judges. This is motivated by the fact that the general knowledge concerning the impact of EU law on the functioning of national courts as EU judges and the process of Europeanization of national judiciaries is still somewhat scattered and fragmented. The central ambition of this article is to provide a theoretical framework that would contribute to the understanding of Europeanization of judiciaries by: (1) offering a definition and theoretical developments useful for the study of Europeanization and its dynamics; (2) exploring the diverse indicators to operate the concept; and (3) providing explanations on how Europeanization might happen by identifying the distinct mechanisms potentially in play. By and large, the article proposes theoretical and empirical developments, which will facilitate embracing the project of constructing a composite framework for the socio-legal study and measurement of the Europeanization of national courts.

subjects

  • Law
  • Politics

keywords

  • cjeu; court of justice of the eu; eu law; europeanization; national courts; national judiciaries