Anthony Arnull
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199588770
- eISBN:
- 9780191741029
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588770.003.0005
- Subject:
- Law, EU Law, Philosophy of Law
This chapter examines the character of the EU legal order, and its relations with national legal orders, through the prism of the preliminary ruling procedure (Art 267 TFEU). Proceeding from a rich ...
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This chapter examines the character of the EU legal order, and its relations with national legal orders, through the prism of the preliminary ruling procedure (Art 267 TFEU). Proceeding from a rich understanding of the law and policy surrounding this distinctive aspect of the Union's judicial architecture, it draws on theoretical work in public law on dialogic judicial review in order to illuminate the relationship between the Court of Justice and national constitutional courts as mediated by the preliminary reference procedure. It concludes that relations of interaction and compromise, rather than of hierarchy and authority, best characterize the EU legal order and its relations with national legal orders. Solutions to the challenges currently faced by the preliminary rulings procedure will be found in a dialogic interaction between the Court of Justice and national courts, which may be driven as much by politics as by law.Less
This chapter examines the character of the EU legal order, and its relations with national legal orders, through the prism of the preliminary ruling procedure (Art 267 TFEU). Proceeding from a rich understanding of the law and policy surrounding this distinctive aspect of the Union's judicial architecture, it draws on theoretical work in public law on dialogic judicial review in order to illuminate the relationship between the Court of Justice and national constitutional courts as mediated by the preliminary reference procedure. It concludes that relations of interaction and compromise, rather than of hierarchy and authority, best characterize the EU legal order and its relations with national legal orders. Solutions to the challenges currently faced by the preliminary rulings procedure will be found in a dialogic interaction between the Court of Justice and national courts, which may be driven as much by politics as by law.
