Authority of Judicial Decisions by the European Court of Justice in internal legal order

• Main Author: Charlotte Denizeau
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2014-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: ECJ; ECJ decisions; authority of judical decisions
• Online Access: http://hrcak.srce.hr/file/177150

European Court Judicial decisions are binding for all national courts, including the highest courts such as the Constitutional and the High Court. This applies to court practice in its entirety regardless of which member state is concerned. Judicial decisions of the European Court related to one member state bind all member states and their respective courts. Omission by the member state court to apply the legal norm of the European Union in the way it is interpreted by the European Court could lead to a particularly serious breach of European Union Law and state responsibility. Every individual in proceedings before national courts can make reference to European Union Law and European Court Practice. National courts, because they are founded on Founding Treaties are obliged to apply them.