NATIONAL COURTS ARE ALSO COURTS OF THE EUROPEAN UNION
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Abstract
The Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application
of European Union law. Its position as the court of the EU is explicitly and indisputably determined.
The principle of the primacy of EU law over the domestic law of a Member State is considered one of the essential
if not the essential requirement for the relationship between the separate legal orders: EU law on the
one hand and domestic law on the other. Despite its unquestionable importance and unlike other principles
developed by the CJEU, this primacy has never been incorporated in the founding treaties. The mechanism
of references for preliminary ruling remains the primary means of dialogue between national courts and the
CJEU. It enables the courts to maintain a harmonised interpretation of EU law and the use of the references
by national courts is a good indicator of their relationship with the CJEU. It is noteworthy that the national
courts have quickly embraced this instrument, thus the importance of the references for preliminary ruling
exceeded the expectations of the framers of the Treaties in that originally they were intended as a complementary
mechanism in the system of actions between the Member States and the Union bodies.
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