The existing scholarship on the role of national constitutional courts in the EU focuses on conflicts. Studies that explore the jurisprudence of national constitutional courts, which put limits on the effects of EU law in national legal systems, or which even seek to curb the process of European integration, abound.
In the article, which Jan Komarék will present at the seminar, he takes a wider look at the place of constitutional courts in the EU. As much as the German Federal Constitutional Court (the FCC) is taken as a paradigmatic contender of the ECJ's authority, it was also described by the distinguished judge of the ECJ, Koen Lenaerts, as the ECJ's 'greatest ally'. It is because apart from sending 'dark signals' to Luxembourg, the FCC helps to enforce the duty of German ordinary courts to submit preliminary reference to the ECJ, which lies at the heart of the EU judicial system or even the constitutional order of the EU.
Talare: Jan Komarek, lecturer at London School of Economics and Political Science
Discussant: Ulf Öberg, Managing Partner and Advokat, Advokatfirman Öberg and associés AB
Plats: Moot court room (Rättegångssalen) 4th floor, C-house, Stockholm University, 13.00-15.30