The Reality of National Judges as EU Law Judges: Knowledge, Experiences and Attitudes of Lower Court Judges in Slovenia and Croatia
نویسندگان
چکیده
With a Member State’s accession to the EU, national judges acquire new powers as well responsibilities. National ‘juges communautaire de droit commun’ are expected uphold principle of EU law supremacy; interpret in conformity with law; set aside provisions incompatible rules; when required, apply ex officio; and send preliminary question CJEU CJEU’s answers needed for resolution domestic legal dispute. Yet, is this feasible how does description law-minded judge compare reality? Based on survey interview results judges, paper explores knowledge of, experiences with, attitudes towards among lower court Slovenia Croatia. The aims reality application by EU’s expectations them. reveal that sceptical their law, encounter only sporadically, fairly pessimistic role judges. Furthermore, reveals constraints effective do not necessarily stem from any negative sentiment or but rather practical nature. I discuss relevance these findings discussions Europeanisation judiciaries. Keywords: courts, Europeanised judiciary, ruling procedure. This work licensed under Creative Commons Attribution − Non-Commercial No Derivatives 4.0 International License. Suggested citation: M Glavina, ‘The Reality Judges Law Judges: Knowledge, Experiences Attitudes Lower Court Croatia’ (2021) 17 CYELP 1.
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ژورنال
عنوان ژورنال: Croatian yearbook of European law & policy
سال: 2021
ISSN: ['1848-9958', '1845-5662']
DOI: https://doi.org/10.3935/cyelp.17.2021.441