Volume 54 (2017)

Volume 54 (2017) / Issue 2

Miro Prek, Silvère Lefèvre, 'The EU Courts as “national” courts: National law in the EU judicial process' (2017) 54 Common Market Law Review, Issue 2, pp. 369–402


This article examines the situations in which the laws of the Member States are relevant before the European courts. The presence of national law in the EU judicial process raises a series of questions linked to its legal status. In order to assess whether the current answers to such questions are appropriate, the article underlines that national law fulfils a variety of functions in the EU judicial process, ranging from the role of a question of law, when it constitutes the rule applied by the EU Courts, to the role of a question of fact when its compatibility with EU law is at stake. It is then observed that while it is appropriate that national law be accorded the legal status of a question of fact in circumstances in which it serves such a function, its legal status should be closer to the one of a question of law whenever it constitutes the rule that the EU Courts apply.

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ISSN: 0165-0750
ID: COLA2017030