"Government Contained?" Explaining Spanish Supreme Court's decisions on EU law

Mayoral, Juan A. (2011) "Government Contained?" Explaining Spanish Supreme Court's decisions on EU law. [Conference Proceedings] (Submitted)

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Abstract

The question of why and when European Law is enforced by national courts may be one of the most important questions that scholars on the European Union seek to answer. Citizens and other social and economic actors turn to courts as an instrument of enforcement when implementation problems of EU law occur in their countries. The main aim of this work is to understand the main mechanisms behind the judicial enforcement of EU law, looking for this purpose at the diverse elements that play a part during the judicial decision-making of the Spanish Supreme Court, which judgments may shape the impact of EU regulation on national policies. The study finds to what extent high courts are concerned about the reaction of the authorities. Moreover, the results show how the courts cite ECJ to support their decisions where the EU law challenges the main principles and prerogatives of the national authorities.

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