The Interface between National and European Law

• Autores: Lord Mance
• Localización: European law review, ISSN 0307-5400, Nº 4, 2013, págs. 437-456
• Idioma: inglés
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• Resumen

  • This article considers the "dialogue" involved in the reference procedure, the discipline exercised by the Court of Justice over national courts by its decisions and the substantive relationship between domestic and European law. It highlights the importance of predictability and legal certainty, virtues often stressed by the Court, but questions whether some of the Court's decisions have paid sufficient regard to these desiderata or the European legislator's intentions. It concludes by welcoming continuing dialogue with the Court of Justice as the way to build on the Court's unique achievement in creating and operating a supranational legal system.