The relations between the EU court of justice and the constitutional courts of the member states

Abstract

A discussion of the relationship between constitutional justice and the European integration process naturally leads to the challenges that this process is facing. This is so because constitutional courts develop their functions in relation to the body of law that they are called on to interpret and apply. For this reason, the relationship between European Law and the law of the Member States is essentially articulated by the relationship between the European Court of Justice (ECJ - Art. 19 TEU) and the national constitutional courts. The courts do not adopt a passive role in this respect. There is no doubt, however, that the configuration of each body of law, and the relationship between them, also influences the way in which courts act. Because of that, the relationship between courts and the integration process raises a range of issues that go beyond the exclusive sphere of judicial activity, at the same time conditioning and exceeding it.