The Rule of Law and the Coherence of the Judicial System of the European Union

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Series Details Vol.44, No.6, December 2007, p1625–1659
Publication Date December 2007
ISSN 0165-0750
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Publishers Abstract:
The purpose of this article is to illustrate, through recent case law of the Court of Justice and ongoing reforms of the European Community judicature, how the interlocking system of jurisdiction of the Community courts and the national courts serves to ensure the 'rule of law', of which effective judicial protection and judicial review are intrinsic components. The central focus here is the progressive establishment of a complete and coherent system of judicial protection vis-a-vis the Union institutions. The coherence of the judicial system of the European Union does not rest solely on the Community courts, but rather on the interlocking system of jurisdiction of the Community courts. The jurisdiction of the Community courts will remain strictly defined by the principle of conferred or attributed competences, and as such, the residual compentences left to the national legal systems infuse the national judge as the 'judge de droit commun' of Community law.

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