Why do national courts refer preliminary references to the European Court of Justice (ECJ), and what does the referring court do with the answers? In this presentation, Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area. This presentation is based on his OA monograph published with Elgar in 2021. Closing the gap between empirical interview data, and case law analysis, the book uses a unique combination of the two research methods to consider two current, and one former, EU Member States. The book demonstrates that judges extensively use the procedure and follow its outcome almost without exception, despite dissatisfaction and criticism regarding the absence of a true dialogue. By embedding the examples in the book in appropriate theory, this study will provide a useful read for students of EU law, particularly those wanting to better understand its consequences in the national legal order. Its recommendations for good practices in the ECJ and national courts will also be helpful to legal practitioners, judges and legal secretaries.
The research seminar is organised by the former Lendület-HPOPs "Regulatory Change" research group members to support their legal empirical work within the research group and after its dissolution. The seminar will also discuss how the methodology of the presented book could be used to conduct joint researches in EU Member States in areas which were not covered by the original research.
Jasper Krommendijk (1985) is an Associate Professor of international and European Law and Director of the Research Centre for State and Law (SteR). Jasper's research is focused on the impact of international and European law at the domestic level: how can the ‘law in the books’ be translated to ‘law-in-action’? How effective are international courts and how do (international) legal procedures function in practice? His motivation is truly understanding and offering explanations on the law with a specific interest in human rights and effective judicial protection. Most of his research has been empirical and interdisciplinary in nature, grounded in both law as well as IR. Jasper worked on a project (2017-21) called ‘It takes two to tango. The preliminary reference dance between the Court of Justice of the European Union and national courts’ funded with a VENI-grant by the Netherlands Organisation for Scientific Research (NWO).
This meeting will be held online. We share the link prior to the event.