site.btaCourt of Justice of the European Union President Lenaerts Calls for Closer Ties with Constitutional Courts

Twenty-three of the European Union’s 27 constitutional courts or equivalents have referred cases to the Court of Justice of the European Union (CJEU), CJEU President Koen Lenaerts said on Thursday. 

Lenaerts spoke at the opening of the EUnited in Diversity III conference in Sofia. The forum, now in its third edition and held every two years, brings together representatives of jurisdictions from 21 EU Member States. The main theme of this year’s event is “The Role of Constitutional Justice in the EU Common Legal Order.”

Lenaerts urged continued dialogue through the preliminary-reference procedure at a forum organized by the Constitutional Court of Bulgaria and CJEU. He noted that ordinary courts are increasingly engaging in dialogue with the CJEU about the case law of specific constitutional courts in relation to EU law.

In his address, Lenaerts noted that CJEU has ruled that only independent constitutional courts can issue decisions binding on ordinary national courts. If constitutional courts disagree with a CJEU ruling, they should engage in dialogue with the Court through the preliminary reference procedure.

“The European Union, as a shared legal order, is founded on the principle of safeguarding and advancing common values and frameworks. Achieving this requires the Court of Justice of the European Union and the constitutional courts of the Member States to cooperate closely and maintain mutual trust. Only by working together can the EU and the 27 national constitutional courts generate the essential synergies needed to reinforce democracy, protect fundamental rights, and uphold the rule of law,” Lenaerts said.