July 5 @ 16:15 - 17:45 Wroclaw (CEST)
Conflict or Cooperation? The Strained Relationship between the Court of Justice of the European Union and EU Member State Courts
The relationship between the Court of Justice of the EU and Member State apex courts has always been marked by a tension between cooperation and conflict. The latter has become more prominent following the recent acts of resistance to selected CJEU rulings by the German, Polish, and more recently, Romanian Constitutional Courts. This panel proposes to address a number of pressing questions that arise in this context: What prompts conflict and cooperation between the CJEU and national courts? Do these courts adequately engage with their counterparts’ reasoning? Do references to the EU‘s limited powers and Art 4(2) TEU on the one hand, and the primacy and autonomy of EU law, on the other, represent genuine judicial dialogue? Or do the courts simply mark out and defend their previously established “red lines“? Presentations on the panel will also consider what reforms may be proposed to recognize and redress this strained relationship in a more constructive and mutually beneficial way.