European Union Law and International Judicial Cooperation
Core concepts
Master the sources of EU law: primary law (Treaties), secondary law (regulations, directives, decisions), and general principles. Understand direct effect, supremacy, and the preliminary reference procedure under Article 267 TFEU. Learn the rules on mutual recognition in civil and criminal cooperation, including the European Arrest Warrant and the Regulation on jurisdiction and enforcement of judgments.
Traps in questions
- Regulations are directly applicable; directives require transposition and generally lack horizontal direct effect.
- The preliminary reference is a dialogue with the Court of Justice, not an appeal.
- Mutual recognition presumes trust but allows limited grounds for refusal.
- Supremacy means EU law prevails over conflicting national law, but national constitutional identity is a sensitive limit.
Worked example
A national court doubts the compatibility of a statute with a directive. Rule of thumb: it may refer the question to the Court of Justice; the reference is discretionary for lower courts but mandatory for courts of last instance.