Constitutional Courts and the Future of Judicial Co-operation in Europe

There is a need for more judicial cooperation between the Court of Justice of the European Union and the constitutional courts of member states. But primarily, the EU Court must be careful not to impinge on the sovereignty of state courts.

The European Union is an association of sovereign states based on a structure of different constitutional orders, legislatures, administrations, and courts. In this framework, the constitutional courts of the member states increasingly face three major challenges: reviewing whether the transfer of sovereign powers by the treaties establishing and developing European integration complies with the requirements and limits set by the national constitutional orders of the member states, verifying whether acts of institutions, offices, and agencies of the European Union conform with the European Treaties approved, and protecting the core elements of national constitutions against violations by institutions, bodies, offices, and agencies of the European Union.

„Informed public debate is closely related to democracy and the rule of law.“

The Court of Justice of the European Union (hence, the EU court), ensures that the law is observed in the interpretation and application of the Treaties. This is not the exclusive responsibility of the EU court, however. Guaranteeing legal protection in matters governed by EU law is rather a task to be jointly fulfilled by all courts of the European Union and the member states, including the constitutional courts. Those provisions of the Treaty do not only codify principles the EU court has already developed in its case law; above all, they confirm the necessity for cooperation between EU and national courts.