The Role of Judiciary in the field of Regional Integration ---An Appraisal From the the aspect of interaction between European Court of Justice and National Courts
Date Issued
2004
Date
2004
Author(s)
Wu, Chien-Huei
DOI
zh-TW
Abstract
Summary:
Courts, both the European Court of Justice（ECJ）and National Judiciary play an important role in the process of European legal integration. And judicial dialogue and cross-fertilization have provided an important angle to look upon the interaction between courts and courts.
This thesis has chosen the judiciary in Germany, France and the United Kingdom. as well ECJ as the subject of my research since Germany and France are two of the founding members of the European Union, and have all along been playing the leading role in the European integration. United Kingdom is being chosen as a subject of this thesis is the fact that the system of law in the United Kingdom differs quite significantly to that of the continental system. The dualism of the German legal tradition and the influence of judicial review, especially the concrete constitutional review, the monism of the French legal tradition and her not-long-established constitutional review (limited to abstract one) offer a good and interesting basis for comparison. At the same time, the emphasis placed by the French on the doctrine of separation of powers and the doctrine of parliamentary sovereignty in United Kingdom. also offer a good perspective to analyzing the reception of community law in the national judiciary.
This thesis focuses on the issues of supremacy, sovereignty and subsidiarity since these three questions are some of the most important and controversial issues in European legal integration. It is submitted that these three issues are also interrelated. First, the part-transfer of sovereignty by member states to the European Communities forms mainly the legal basis of supremacy of the community law. It also forms a limit of the ambit of community law, especially from the point of popular sovereignty. Second, in order to deal with the question over the limit of community competence, we are faced with a deep-rooted question, that is, the issue of judicial Kompetenz-Kompetenz, which has to be guided by the principle of subsidiarity.
By observing the interaction of ECJ and national courts on the three issues mentioned above, the author finds that ECJ plays a dominant role as the creator of supremacy doctrine and the house of Lords of United Kingdom manages to protect parliamentary sovereignty and French constitutional council can been described as the guardian of national sovereignty whereas German Federal Constitutional Court acts as the guardian of human rights and democratic staticism.
This thesis goes further to discuss the Banana saga as an example to present the interaction of ECJ and Germany Federal Constitutional Court and German Administrative Court and tries to analyze the role played by judiciary and private litigants
Subjects
司法的政策形成弁?香蕉訴訟
權限分配
補充原則
個別訴訟當事人
歐盟
全球化
歐洲法院
主權
交互沃化
區域統合
司法對話
judicial Kompetenz-Kompetenz
judicial policy-making
european union
regional integration
judicial dialogue
judicial cross-fertilization
supremacy
European court of Justice
globalization
national courts
Banana saga
overeignty and subsidiarity
private litigants
SDGs
Type
thesis
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