Abstract:The aim of this article is to bring together different legal, political science and sociological perspectives addressing the problem of Europeanization of national judiciaries. In that sense, this article provides an overview of several old aspects regarding the way and extent national courts/judges adapted to their role of European judges. Next to that, it is looked into the manner of and reasons behind judges' involvement in the process of EU legal integration, whereby a new research agenda is offered. For that purpose, new questions are raised and different empirical aspects are discussed concerning, for instance, courts compliance with EU law, the relevance of national judges' individual profiles (knowledge, attitudes and values) but also the role of institutions (networks) and legal systems in the process of Europeanization of judges.KEYWORDS: Europeanization, national judiciary (courts and judges), Court of Justice of the European Union, CJEU, interdisciplinary, EU legal system. Juan Antonio Mayoral Diaz-Asensio is Post.doc at the Centre of Excellence for International Courts (iCourts), Faculty of Law, University of Copenhagen, Copenhagen, Denmark.
E-mail: juan.mayoral@jur.ku.dkUrszula Jaremba is Assistant Professor of EU law at the Utrecht University School of Law, Utrecht University.
E-mail: u.jaremba@uu.nl 3This research is funded by the Danish National Research Foundation Grant no. DNRF105.iCourts -Centre of Excellence for International Courts -focuses on the ever-growing role of international courts, their place in a globalizing legal order, and their impact on politics and society at large. To understand these crucial and contemporary interplays of law, politics, and society, iCourts hosts a set of deeply integrated interdisciplinary research projects on the causes and consequences of the proliferation of international courts.iCourts opened in March 2012. The centre is funded by a large grant from the Danish National Research Foundation (for the period 2012-18).
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A. INTRODUCTIONIt is now common knowledge that national courts of Member States, regardless of their position in the national legal system and the field of adjudication, are the key players in the processes of application and enforcement of European Union (EU) law 1 and the process of EU integration in general They are the core enforcers of the rights and obligations individuals derive from EU law, responsible for ensuring the effectiveness of EU law. They are also expected to participate in the process of legal integration within the EU through the preliminary ruling mechanism. The fact that EU law can directly affect interests of individuals in the EU, and may be invoked and relied upon by them before national courts, which are in turn obliged to protect their EU rights, has tremendous implications for the functioning of national judiciaries and the system of judicial protection in the European Union. For the foregoing reasons the national courts are also referred to as decentralized EU courts.
2In light of the foregoing, one mig...