New publication by Juan A. Mayoral – University of Copenhagen

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27 March 2014

New publication by Juan A. Mayoral

Juan A. MayoralJuan Antonio Mayoral Diz-Asensio has written two new publications:

- The Spanish judge as an European Union judge (in Spanish).
Journal: Revista Española de Derecho Europeo. Vol. 48. Pages 127-152.
Abstract: National courts must ensure the correct application of EU law and should protect the individual rights derived from the set of doctrines and rules contained in the Treaties and developed and interpreted by the Court of Justice of the European Union. In this sense, the present study tries to clarify whether Spanish judges have currently adapted to the demands created by the legal system of the Union for the implementation of European law. To test whether the Spanish judges have assimilated their role as EU judges, operating as true agents of the legal system of the European Union, this article presents and discusses, from data obtained from the protagonists, to what extent they are prepared to function in a multilevel legal system and increasingly Europeanized.

Weblink - Revista Española de Derecho Europeo. Vol. 48. Pages 127-152

- Overcoming the Legal Iron Curtain: Similarities and differences in the use of preliminary references between new and old Member States.
Edited book: Dealing with EU law: The role of national courts in interpretation and application of European Union law. Edited book by Mihai Sandru, Giuseppe Martinico and Mihai Banu. Editura Universitara. Pages 60-85.
Abstract: This article analyses the determinants that lead national courts across EU countries to use the preliminary reference procedure, paying special attention to the differences and similarities in the use of this mechanism of judicial cooperation between the old and the new Member States incorporated in 2004 and 2007. The study presents original and comprehensive data on the use of preliminary references (1961-2011) in all 27 Member States. Besides confirming the impact of common factors already tested in the literature, this research additionally identifies some differences in the institutional dynamics influencing the use of preliminary references across older and newer Member States.

Weblink - Overcoming the Legal Iron Curtain