ACELG Seminar: National Judiciaries and EU Law. An Empirical Perspective
Dr. Elaine Mak & Urszula Jaremba, LL.M., Erasmus University Rotterdam
Lunch seminar on Tuesday, 22 February 2011, 13.00 - 14.30
13.00 – 13.10 Opening and introduction
Dr. Christina Eckes, ACELG
13.10 – 13.35 The Use of EU Law in Judicial Reasoning: Views and Approaches of Judges in the Highest National Courts
Dr. Elaine Mak, Erasmus University Rotterdam
Deliberations and judgments of the highest courts in EU member states show ever more references to EU law and the case law of the ECJ, and to judgments of courts in other national legal systems concerning EU law. Indeed, the judicial decision-making of supreme courts and constitutional courts seem to be shifting under the effects of Europeanisation, i.e. the process of European integration, which encourages multilevel interaction between courts. How do judges in the national highest courts perceive their role in this multilevel legal system, and to what extent has this role perception influenced judicial deliberations and the reasoning of judgments? In her presentation, Dr. Elaine Mak will address the integrative function of judicial interaction between courts in the EU legal context, and the forms which this interaction can take.
13.35 – 14.00 The Impact of EU Law on National Judiciaries: Problems, Challenges and the Way Forward. The Case of the Polish Civil Judge
Urszula Jaremba, LL.M., Erasmus University Rotterdam
In her presentation, Urszula Jaremba discusses the problem of the functioning of national courts as decentralized EU courts from a pragmatic perspective. For that purpose the results of socio-legal empirical research among civil judges of first and second instance Polish civil courts will be used. The quantitative and qualitative data was gained in the course of a doctoral project carried out in the course of the last three years. Urszula Jaremba will focus on the most perplexing aspects of the functioning of national courts which pertain to the knowledge of EU law among national judges, their experiences with EU law and the attitudes towards the tasks stemming from EU law which they are supposed to fulfill. In that respect, she will briefly look into the national constitutional, procedural but foremost operational framework and the national legal culture which may bear on the way Polish civil judges (dis)function as EU judges.
14.00 – 14.30 Discussion
Dr. Elaine Mak is Senior Lecturer in Legal Theory at the Erasmus University Rotterdam. In January 2008, she received the doctorate degree cum laude for her doctoral thesis on the role of classic rule of law principles and New Public Management principles in the organisation of the Dutch, French and German judicial systems. Her current research, which is funded with a three-year VENI-grant from NWO, concerns the changing role of highest courts in western legal systems in a globalised context.
Urszula Jaremba, LL.M. is a Ph.D. candidate in the European Union Law section at the Erasmus University’s Department of Public Law. In her research project she focuses on the functioning of Polish courts as decentralized European courts and aims to identify factors influencing the application of European law by national civil courts of first and second instance in Poland.
Venue and registration
Venue: University of Amsterdam, Faculty of Law, room C 1.17
Time and Date: Tuesday, 22 February 2011, 13:00 - 14.30
If you wish to attend, please send an email to firstname.lastname@example.org. Attendance is free of charge. A light lunch will be provided.
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