The Court of Justice and the Governor’s Dilemma: KUBERA trgovanje s hrano in pijaco doo v Slovenia
In this case note, Ana Bobić reads the judgment of the European Court of Justice (Court) in KUBERA through the perspective of the governor’s dilemma, an international relations theory. In a nutshell, those governing multilevel political organisations cannot achieve all their objectives on their own. In indirect governance, the governor needs to find the right balance between empowering and controlling the intermediary. Too much empowerment might lead the intermediaries to take up their own agendas, whereas too much control might stifle their efficiency in implementing the governor’s objectives. Read in this light, Ana Bobić argues that KUBERA is showcasing how the Court of Justice manages the dilemma between empowerment and control over supreme national courts, who are arguably its foremost intermediaries of enforcing EU law at the national level.