Lunch seminar with Christina Jacobs
The effectiveness of the preliminary ruling procedure: On the implementation of ECJ judgments by the referring courts
Abstract
In light of the observable increase in preliminary rulings by the ECJ, it is imperative to direct attention to the crucial question of how referring national courts implement the judgments rendered by in their subsequent decisions. This research project aims to illuminate the parameters and factors that facilitate the effective implementation of ECJ rulings by national courts, thereby ensuring the coherent and uniform application of European Union law across member states. Contrary to the much debated issue of non-compliance with the obligation to make a preliminary reference to the ECJ, this project shifts the focus towards the post-referral phase. It scrutinizes the national courts' adherence to and execution of the ECJ’s decisions once a referral has been made — an aspect that has yet to be comprehensively examined. The research will analyse various judicial and systemic factors that may influence how national courts incorporate ECJ rulings into their legal reasoning and judgments. Through a detailed examination of case studies and comparative analysis, this project seeks to contribute to the broader understanding of the dynamics between European and national legal orders. Ultimately, the study aspires to shed light on the efficacy of the preliminary ruling mechanism as a pivotal instrument for maintaining the supremacy and uniformity of EU law across diverse legal systems within the Union.
Speaker bio
Christina Jacobs is a Doctoral Candidate at University of Hamburg, Faculty of Law under the supervision of Prof. Armin Hatje.
Her doctoral project addresses the question of the effectiveness of the preliminary ruling before the Court of Justice of the European Union. She focuses on the implementation of judgments by national courts and examines the factors that are decisive for this process. By examining the procedure from this perspective, her research offers a nuanced analysis of interactions between courts.
She studied law in Hamburg and Ljubljana and completed her first state examination in law in Hamburg.
Christina Jacobs will be a Visiting Researcher at iCourts from 1 May to 30 June 2025.
Meeting ID: 666 9841 4102
Passcode: 595754