An Analysis of the Relationship
between National Courts and the
Court of Justice of the European
Union – Shifting from Cooperation
to Superiority
Monika Kirilova Kirova1
This article examines the nature of the relationship between national courts and the Court of Justice of the European Union. It opens with a discussion about the notion of cooperation between these courts. This is followed
by an examination of the CJEU’s position as a superior
court. It concludes with an analysis of the impact of the
decision in Gerhard Köbler v Republik Österreich [2003]
and its implications for the relationship..
Introduction
Ever-increasing European integration has led to greater empowerment of
its institutions, among them the Court of Justice of the European Union
(CJEU). As a result, the Court has taken an active part in the evolution
of the European Union by shaping the Community’s legal order. Contradicting the initial conception of the European Union as an international
organisation, the Court has allowed individuals to enforce rights granted
under European Union law in national courts, and has thus put the nature
of the Union one step closer to a federation. Although the CJEU might
be the leading figure in the transformation of the legal order, national
Monika Kirilova Kirova is second year Law student at the University of Exeter. The
author can be contacted at [email protected].
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