Constitutional courts and EU law

What is it about?

This paper examines whether and to what extent constitutional courts use EU law as a standard for their decisions and invalidate domestic legislation or courts’ decisions that conflict with EU law. It argues that constitutional courts should not be afraid to embrace EU law as a standard for review.

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Why is it important?

While most constitutional courts in Europe refuse to be the guardians of EU law, this paper argues that they should use EU law as a yardstick for constitutional review: Doing so would not only contribute to a better protection of fundamental rights and the rule of law in Europe, but would also further the interests of constitutional courts.

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