La politizacion de la aplicacion judicial del Derecho Europeo: un estudio del Tribunal Supremo Espanol

In: Revista de estudios políticos, Heft 161

Abstract

The main aim of this work is to show the relevance of political factors in the judicial enforcement of EU law by the Spanish Supreme Court. For that purpose we use original empirical evidence gathered from Supreme Court's decisions on EU law. The study finds to what extent the Spanish high court is concerned about the position and pledges of political institutions when assessing EU law application. That consideration is determined by the necessity of compliance of political institutions with its decisions. Nevertheless, the results show how the Supreme Court is less affected by the position and reservations alleged by political actors when it is able to legitimize and support the enforcement of EU law with decisions taken by the European Court of Justice. Adapted from the source document.