On the basis of an analysis of the Spanish case of Aziz v. Catalunyacaixa, this paper seeks to clarify the role of judges in the making of European private law. Building on Hans Micklitz’s work on the normative design of this field of law, it is submitted that national judges in civil cases may under certain circumstances rely on the preliminary reference procedure to obtain backing from the Court of Justice of the European Union in regard to the handling of politically charged legal questions in their domestic systems.
Mak, Chantal, On Beauty and Being Fair: The Interaction of National and Supranational Judiciaries in the Development of a European Law on Remedies (August 25, 2014). Varieties of European Economic Law and Regulation. Liber Amicorum for Hans Micklitz, K Purnhagen and P Rott (eds) 2014; Centre for the Study of European Contract Law Working Paper Series No 2014-07; Amsterdam Law School Research Paper No 2014-45.