A People’s Court? A Bottom-up approach to litigation before the Euopean Court of Justice

Abstract

Each year the European Court of Justice delivers over a thousand decisions on the basis of EU law that affect the Members States as well as the lives of their citizens. Most of these decisions are the result of requests for a preliminary ruling sent by national courts and tribunals seeking an interpretation of EU law. While this procedure is seen as central to the transformation of Europe there remains significant ambiguity on why the system is used, and who is primarily responsible for its success. The current book examines the practice of the preliminary reference procedure. By approaching it from the perspective of those who participate in it, the study takes on prevalent assumptions about the how and why of national court cases that reach the European Court of Justice through a request for a preliminary ruling. This empirical research will appeal to scholars engaged in the relationship between law and European integration as well as practitioners and litigants interested in the practise of the preliminary reference procedure. About the author: Jos Hoevenaars obtained his master’s degree in Sociology at the Erasmus University Rotterdam in 2011. He conducted his PhD research and lectured at the Institute for Sociology of Law and the Centre for Migration Law of the Radboud University Nijmegen. He currently works as a postdoc researcher and lecturer at the Erasmus School of Law in Rotterdam on the ERC-funded research programme ‘Building EU civil justice: Challenges of Procedural Innovations bridging Access to Justice’.