National Courts as ‘Guardians’ and ‘Ordinary Courts’ of EU Law: Opinion 1/09 of the ECJ

Abstract

Opinion 1/09 may be considered as one of the most conspicuous contributions the European Court of Justice (ECJ) has given to the constitutional building of the European Union (EU). For the first time in its case law, it has labelled national courts as the 'guardians' and 'ordinary courts' of the EU legal order, focusing particularly on their role of referring courts in the preliminary ruling procedure. Reiterating a monistic approach, national courts have been entrusted with judicial powers Member States cannot rule out. Even though the ECJ remains the ultimate umpire of the EU legality, the Opinion makes the preliminary ruling procedure an instrument of judicial protection of individual rights stemming from EU law.