Research Papers

This paper focuses on the intersection of the judiciary and the executive by examining the little-explored ‘diagonal’ relationship between the European Commission, as a supranational executive actor, and national courts. The Commission can become involved in national judicial proceedings in different capacities: most usually as a third party such as an intervener or expert, but also as a respondent. In its capacity as an intervener, the Commission’s purpose is to influence judicial proceedings by lodging observations. Existing research shows that at the supranational level it is largely successful in doing so: the Court of Justice’s judgment aligns with the Commission’s observations in the majority of cases. At the supranational level, the Commission is a privileged intervener and a repeat player. However, this position does not apply at the national level. Using primarily competition law cases, the paper explores the circumstances in which the Commission becomes involved in national court proceedings; its influence; and the implications.