Chapter

The Role of National Courts in Inducing Compliance with International and European Law—A Comparison

André Nollkaemper

in Compliance and the Enforcement of EU Law

Published in print March 2012 | ISBN: 9780199644735
Published online May 2012 | e-ISBN: 9780191740695 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199644735.003.0006

Series: Collected Courses of the Academy of European Law

The Role of National Courts in Inducing Compliance with International and European Law—A Comparison

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This chapter assesses how national courts can induce compliance with international and European law, and compares the relative strengths of national courts in this regard under, respectively, international and European law. It is based on the assumption that while national courts are obviously not the primary or only cause of compliance, they can, in particular circumstances and under particular conditions, ensure that states comply with their obligations under international and/or European law, both in individual cases and at a more structural level. The chapter is organized as follows. Sections 2 and 3 discuss the relative role of courts as agents of compliance and the key condition of independence of courts, respectively. Section 4 examines four key principles that govern the practice of national courts in terms of their compliance-effects: supremacy, direct effect, consistent interpretation, and liability. Section 5 explores the interaction between international and European law in so far as they relate to the practice of national courts. Finally, Section 6 draws some conclusions.

Keywords: EU law; national courts; international law; compliance; supremacy; direct effect; consistent interpretation; liability

Chapter.  23345 words. 

Subjects: EU Law

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