Beyond Retroactivity: Techniques and Limits of Temporal Modulation in the Case Law of the Court of Justice

Abstract

This article seeks to answer whether the Court of Justice of the European Union can be regarded as a constitutional court, by examining its approach to the temporal effects of its rulings. Specifically, it analyzes the Court’s case law on the temporal modulation of effects in three types of proceedings: actions for annulment, preliminary rulings on validity, and preliminary rulings on interpretation. The analysis traces the development of this jurisprudence starting from the 1970s, highlighting how the Court has interpreted procedural rules in these contexts. The aim is to draw conclusions about the Court’s institutional role within the legal order of the European Union.