uu.seUppsala University Publications
Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
National Courts as Gatekeepers in European Integration: Examining the Choices National Courts Make in the Preliminary Ruling Procedure
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Social Sciences, Department of Government.
2018 (English)Doctoral thesis, monograph (Other academic)
Abstract [en]

The national courts’ placement in the intersection between the EU and member state legal systems makes them important gatekeepers in the process of European legal integration. In the scholarly debate, national courts are characterized as either supporters of legal integration or as defenders of national sovereignty. The aim of this thesis is to improve our understanding of the national courts’ role as gatekeepers in EU legal integration by shedding new light on the national courts’ behavioral patterns and the reasoning of individual judges in the preliminary ruling procedure. Empirically the thesis provides a detailed examination of the national courts’ two key choices in the preliminary ruling procedure, both of which have important implications for the scope and pace of integration: (1) whether national courts are allowing the Court of Justice of the European Union (CJEU) to decide politically sensitive cases in which national policies are at stake; and (2) whether national courts frame cases by expressing support for an integration-friendly interpretation of the EU law or whether they instead voice an opinion in defense of challenged national law. Theoretically, the thesis contributes to redefining the main theoretical controversy on what role national courts play in EU legal integration by identifying previously un-theorized behavior patterns. The analysis demonstrates that national court behavior is not limited to either supporting legal integration or defending national sovereignty. On the contrary, national courts frequently make choices that may alleviate parts of the inherent tension between national concerns and the EU legal obligations that member states must accept in order for the EU to function efficiently. Moreover, a case study of the Swedish judiciary shows that Swedish judges are not reasoning as expected by the dominant theoretical outlook in the judicial politics literature, meaning that they are not primarily guided by the logic of consequentialism and self-regarding considerations when making decisions in the preliminary ruling procedure. Instead, the judges’ mode of reasoning centers on what constitutes the appropriate course of action given their professional obligations and how their choices may impact the functioning of the preliminary ruling procedure. 

Place, publisher, year, edition, pages
Uppsala: Acta Universitatis Upsaliensis, 2018. , p. 213
Series
Skrifter utgivna av Statsvetenskapliga föreningen i Uppsala, ISSN 0346-7538 ; 201
Keywords [en]
European integration, National courts, Court of Justice of the European Union
National Category
Political Science (excluding Public Administration Studies and Globalisation Studies)
Research subject
Political Science
Identifiers
URN: urn:nbn:se:uu:diva-347101ISBN: 978-91-513-0332-1 (print)OAI: oai:DiVA.org:uu-347101DiVA, id: diva2:1197896
Public defence
2018-06-08, Brusewitzsalen, Statsvetenskapliga institutionen, Gamla Torget 6, Uppsala, 10:15 (Swedish)
Opponent
Supervisors
Available from: 2018-05-16 Created: 2018-04-15 Last updated: 2018-05-24

Open Access in DiVA

No full text in DiVA
Buy this publication >>

Authority records BETA

Leijon, Karin

Search in DiVA

By author/editor
Leijon, Karin
By organisation
Department of Government
Political Science (excluding Public Administration Studies and Globalisation Studies)

Search outside of DiVA

GoogleGoogle Scholar

isbn
urn-nbn

Altmetric score

isbn
urn-nbn
Total: 121 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf