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On the relationship between the CJEU and the ordinary national courts

Publication at Faculty of Law |
2023

Abstract

It is beyond doubt that the CJEU ensures a uniform interpretation and application of EU law. Its position as an EU court is thus expressly and unquestionably established.

However, national courts should also rightly be counted among the EU courts, although many people, including national judges, are often unaware of this. National courts, as the general courts of the Union, are the first to encounter difficulties in the practical and concrete application of Union law.

The CJEU, as guardian of the Treaties, of course creates its own interpretation of EU law, but its work would be null and void if its effectiveness were not ensured by the national courts