What Role Does The National Court Play In The European Union?

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European integration led to the empowerment of its other institutions, the Court of justice of the European Union (CJEU) as a result has taken an essential active role in the European Union by forming the Union’s legal order. Initially, the European Union envisaged as an international organisational for the purposes for economic and political interest has further developed in which the courts have permitted individuals to enforce rights under European Union law in national courts. Although the CJEU is the leading figure in the change of the European Union’s legal order, the national court also plays an essential role in the EU by administering EU law because the Union is a decentralised system administered mostly at the national level and not at European level. The …show more content…
Interaction between the national courts and ECJ is essential to the European Union by contributing in the improvement of the judicial system and quality of the ECJ case law. At lower levels, there are particular areas which would not need the services of the ECJ to Judge and it would be suggested that additional granted to National courts may prove that national courts are not ‘pawns’ or ‘agents’ but an active essential branch of the European legal order. It may be suggested that a reference will be of better value when the problems before the national courts and the implications of the answer is understood. It would be productive to refer, once the vital facts have been set and the national courts forms its own provisional view of the answer which would be set out in the reference. Jacob suggests that where this is executed it will provide advantages that will be set out below. Enabling the ECJ to understand the concerns of the national court and the substance of the issue. National court providing provisional answers may also develop the national legal

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