The Role of the National Courts in the European Union: (2005:10)
This report concerns the role of the national courts in the application and enforcement of Community law. According to the author the European Union is presently under a "constitutional momentum". Even if the text of the Treaty will not be ratified the constitutional Treaty will probably affect the role of national courts in the near future.
The Constitutional Treaty has, in fact, reopened the debate on many controversial constitutional issues such as supremacy, attribution of competences and judicial kompetenz-kompetenz. All those questions are closely linked to the role of the national courts. Furthermore, the European Court of Justice has developed a solid case-law relating to the mandate and duties of the national courts. This report shows that this jurisprudence is still developing and that it has been marked by important judicial activity of the Court in recent years.
The report was presented at the seminar The Role of the National Courts in the European Union: A Future Perspective and is a part of the research project A Constitution for Europe?