The Principle of Procedural Autonomy and the Duty of Loyal Cooperation of National Judges under Article 10 EC

Abstract

This chapter discusses the balancing of the duty of loyal cooperation of national judges under Article 10 EC with the so-called national procedural autonomy. It provides a general overview of the principle of national procedural autonomy and the duty of loyal cooperation. It then outlines the specific duties and obligations of national judges in the application of EC law as they result from the ECJ's classic case law. In the main part, the chapter examines some recent judgments in which the balancing exercise between the duty of loyal cooperation and national procedural autonomy has proven to be quite delicate and has attracted much praise but also criticism from academics, lawyers, and judges. The concluding remarks aims at placing this recent case law in its proper perspective.