Supreme Allies: Pinnacle National Courts In Addition To The Implementation Of Eu Law

Daniel Sarmiento, Professor of European Union Law at the University Complutense of Madrid*

In a curt time-frame, 2 high courts of 2 Member States, the French Cour de Cassation and the Spanish Tribunal Constitucional, receive got delivered 2 of import judgments on the implementation of European Union Law past times lawyers together with domestic courts. The 2 decisions comport upon unlike subject-matters together with bargain amongst unlike claims, but they are as relevant for what they stand upward for for the right implementation of European Union Law. As I said a few weeks agone inward a previous post, national high courts are becoming key players inward European Union Law, together with the Court of Justice should cherish together with await afterward this highly valuable ally.

Last May, the French Cour de Cassation ruled inward favor of a onetime worker who had sued his lawyer for non making a proper defense strength of his customer (see the judgment here). The lawyer did non invoke the Court of Justice’s case-law stated inward the well-known cases of Mangold, Kücükdeveci, Petersen, etc., on discrimination on the grounds of age. As a consequence of it, the worker lost his example against his onetime employer. The Cour de Cassation stated that the claimant’s chances of success inward example of having invoked the Court of Justice’s case-law were upward to 80%. Therefore, the certainty of the loss suffered entitled the claimant to successfully claim damages from his lawyer.

Yesterday, the Castilian Constitutional Court, inward plenary formation, ruled inward favour of closed to other worker whose claim based on European Union Law was evidently ignored past times the High Court of Madrid (see the judgment here). Following the Court of Justice’s case-law inward the cases of Gavieiro Gavieiro, Lorenzo Martínez together with others, which solved a serial of cases identical to the i of the claimant, it was obvious that this case-law applied together with solved the case. However, the High Court of Madrid ignored this together with dismissed the claimant’s appeal.

The Castilian Constitutional Court has right away stated that whatever jurisdiction inward Espana that ignores a judgment of the Court of Justice is breaching the primal right to a fair trial, as provided past times article 24 of the Castilian Constitution. This gives whatever claimant inward such circumstances the gamble of invoking closed to other soil of appeal, and, to a higher house all, the utilization of the special physical care for for the protection of primal rights earlier the Constitutional Court (recurso de amparo).

These 2 judgments impose considerable responsibilities on lawyers together with judges. The French determination sets a high criterion of professional person expertise on practitioners, specially on those who are highly qualified together with (as inward the example of France) allowed to plead earlier the highest courts of the country. The Castilian judgment is a overnice reminder for all courts inward Spain that the case-law of the Court of Justice is binding inward the strongest possible way, together with hence binding for all courts. Both cases receive got inward mutual a total absence of reference to European Union Law, past times the lawyer inward his submissions inward i case, together with past times a courtroom inward its judgment inward another.

Therefore, the amount of both decisions is non revolutionary, because it is obvious that a total lack of reference to the applicable law, whether it is national or European Union Law, raises serious issues close the determination at stake. However, it is of import that the highest courts of Member U.S. of A. are assuming the chore of ensuring the right application of European Union Law. This is of course of teaching a affair for the Court of Justice, but also for its domestic counterparts too. And it is overnice to run across that these cases receive got been solved without the require to brand a preliminary reference to the Court of Justice. High courts know what their piece of job is together with how it must endure lay into practise nether national law. Now it is fourth dimension for lawyers together with for the remaining domestic courts to deed accordingly.

Photo credit: Wikipedia.en

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*This ship service previously appeared on the Despite our Differences blog

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