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Working group

Recent Authority Conflicts between the CJEU and Member State Courts

Presentation by Marcin Barański

Add to calendar 2022-04-29 11:00 2022-04-29 12:00 Europe/Rome Recent Authority Conflicts between the CJEU and Member State Courts Sala del Torrino Villa Salviati- Castle YYYY-MM-DD
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When

29 April 2022

11:00 - 12:00 CEST

Where

Sala del Torrino

Villa Salviati- Castle

Organised by

The EUI Constitutionalism and Politics Working Group hosts its next presentation by Marcin Barański (Humboldt, University of Berlin) on recent authority conflicts between the Court of Justice of the European Union and EU Member State Apex Courts.
This presentation will look at the recent instances of conflicts of authority between the Court of Justice of the European Union and several EU Member State apex courts. Though hardly unheard of in the history of the EU legal integration project, said conflicts have become even more central and serious following the May 2020 decision of the German Federal Constitutional Court (FCC) in Weiss (ECB Public Sector Purchase Programme) in which, for the first time in its history, the FCC held a decision of the CJEU to be ultra vires, and declared it inapplicable in Germany. Considering the pre-existing, rich body of scholarship dedicated to the Weiss case, this presentation will focus on its aftermath in Germany, as well as – at least to some extent similar – judicial developments in Poland and Romania. Yet, rather than rehearsing the evergreen debate over the supremacy of EU law and its potential limits, I intend to examine what the above-outlined conflicts and court decisions can tell us about the current state of the European legal ordering, and the competing visions or understandings of the EU’s authority and legitimacy advanced therein. My key claim is that — though certainly exacerbated by the current wave of populism, Euro-scepticism, and the EU rule of law crisis — the analysed conflicts cannot be explained away by simply pointing to the latter phenomena. Rather, they reflect some more fundamental disagreements about the legal foundations and telos of the EU integration through law project. 

Contact(s):

Hilary Hogan

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