The Relation Between the Courts of the Member Countries and the European Court of Justice in the Legal System of the European Union

Erjola Xhuvani and Elsa Haxha

Abstract

<p style="text-align:right;">Erjola Xhuvani</p><p>After joining the European Union, the new member countries are obliged to implement the legislation of the European Union in addition to the local legislation. The implementation of the European legislation stipulates as an obligation for the judges of the new member states of the European Union, to interpret the internal legislation as much as possible in accordance with that of the European Union. In cases where this is not possible, then it is the duty of the judges of EU member states not to implement domestic legislation, which is incompatible with European law. The relationship between the European Court of Justice and national courts is based on the principle of cooperation rather than on the form of a structural hierarchy. The aim of this article is to prepare the judges of the new members states with the procedures they should follow in case there is an incompatibility of the domestic legislation with that of EU legislation</p>

Presentation