The application of EU law from the national judge’s perspective: a plea for an interdisciplinary approach

The application of EU law is chiefly carried out by Member States. Notably, national courts play a pivotal role in that respect, as EU Treaties specifically impose on them the duty to grant legal remedies in the fields of EU law. Accordingly, socio-legal scholarship has focused on the role of nation...

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Bibliographic Details
Main Authors Gentile, Giulia, Glavina, Monika, Nowak, Tobias
Format Book Chapter
LanguageEnglish
Published Cheltenham, UK Edward Elgar Publishing 13.06.2024
Subjects
Application of EU law
Empirical legal research
Europeanisation of national judiciary
GPS
Interdisciplinary
National judges
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Summary:The application of EU law is chiefly carried out by Member States. Notably, national courts play a pivotal role in that respect, as EU Treaties specifically impose on them the duty to grant legal remedies in the fields of EU law. Accordingly, socio-legal scholarship has focused on the role of national courts in the application and enforcement of EU law ‘on the ground’. Existing empirical and doctrinal studies have shed light on judges’ experiences with, attitudes towards, and knowledge of EU law. In recent years, EU law scholarship on national judges’ enforcement of EU law has been enriched by interdisciplinary methodologies such as surveys, interviews and big data research. The chapter provides an overview of these novel interdisciplinary methods while reflecting on their advantages and limitations. Through critical analysis of these emerging methodologies, the chapter offers a roadmap to researchers interested in the interdisciplinary study of the application of EU law by national judges to select the most appropriate methodology for their research.
ISBN:9781802205855
1802205853
DOI:10.4337/9781802205855.00022