Review of European Administrative Law (REALaw)

The Dual Identity of National Judges in the EU and the Implausibility of Uniform and Effective Application of European Law throughout the European Union

Anna Gerbrandy

In this article the social sciences-concept of ‘collective identity’ will be laid alongside the legal reality of national judges in the EU. National judges in the EU are under the obligation to provide for a uniform application and full effectiveness of European Law, while at the same time being judges in their national jurisdictions. The possible implications from finding that national judges have a dual collective identity, with the European identity being contingent upon the national identity, but with an inherent tension between them, will be explored. My main contention is that the duality of identities of national judges explains why full effectiveness and uniform application of EU law is implausible.

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