Jurisdictional subsidiarity at the European union level and its implications in the domestic legal framework Cover Image
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Jurisdictional subsidiarity at the European union level and its implications in the domestic legal framework
Jurisdictional subsidiarity at the European union level and its implications in the domestic legal framework

Author(s): Constanța Mătușescu
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: C.H. Beck Publishing House - Romania
Keywords: jurisdictional subsidiarity; jurisdictional system; national judge; national autonomy; autonomy of Union law;

Summary/Abstract: Jurisdictional subsidiarity is a concept that explains how the European Union's composite jurisdiction system operates, where the task of ensuring the protection of rights deriving from EU law rests primarily with national courts, but under the control of the Court of Justice of the European Union. Without being formally enshrined in the Treaties, this concept has been developed through Court case law, this interpreting the provisions of the Treaties extensively in order to impose obligations not only on national courts but also on Member States. The paper aims to highlight the main developments in this system of judicial organization and the implications of recent jurisprudence of the Court of Justice of the European Union on this issue on the autonomy of the Member States.

  • Issue Year: 2018
  • Issue No: 13
  • Page Range: 57-67
  • Page Count: 11
  • Language: English