The Europeanization of national judiciaries: definitions, indicators and mechanisms. Issue 3 (4th March 2019)

• Record Type: Journal Article
• Authors: Jaremba, Urszula; Mayoral, Juan A.
• Is Part Of: Journal of European public policy. Volume 26:Issue 3(2019)
• Page Start: 386
• Page End: 406
• Publication Date: 2019-03-04
• Subjects: CJEU -- court of justice of the EU -- EU law -- Europeanization -- national courts -- national judiciaries; European Union countries -- Politics and government -- Periodicals; Political planning -- European Union countries -- Periodicals; Politique publique -- Pays de l'Union européenne -- Périodiques; Pays de l'Union européenne -- Politique et gouvernement -- Périodiques; 361.61094
• DOI: 10.1080/13501763.2018.1433708
• Languages: English
• ISSNs: 1350-1763

Abstract

ABSTRACT: The article is underpinned by the idea that the national courts/judges are expected to act as decentralized European Union (EU) judges. This is motivated by the fact that the general knowledge concerning the impact of EU law on the functioning of national courts as EU judges and the process of Europeanization of national judiciaries is still somewhat scattered and fragmented. The central ambition of this article is to provide a theoretical framework that would contribute to the understanding of Europeanization of judiciaries by: (1) offering a definition and theoretical developments useful for the study of Europeanization and its dynamics; (2) exploring the diverse indicators to operate the concept; and (3) providing explanations on how Europeanization might happen by identifying the distinct mechanisms potentially in play. By and large, the article proposes theoretical and empirical developments, which will facilitate embracing the project of constructing a composite framework for the socio-legal study and measurement of the Europeanization of national courts.