Hungarian Yearbook of International Law and European Law

Miscellaneous

Reconciling Jurisdictions in the European System of Constitutional Adjudication

Reform Proposals for the CJEU

Keywords CJEU, constitutional courts, reform, preliminary reference, subsidiarity court
Authors Márton Csapodi
Author's information

Márton Csapodi
Márton Csapodi: PhD student, Pázmány Péter Catholic University, Budapest; junior research fellow, MCC Center for Constitutional Politics, Budapest. The author would like to thank Prof. Balázs Schanda and Kálmán Pócza for their guidance and support.
  • Abstract

      Several authors have concluded that an institutional reform of CJEU is necessary, with some putting forward reform proposals accordingly. This paper briefly recounts the reasons why such a reform may be indeed necessary, with due attention to the fact that national constitutional resistance to the Luxembourg court seems to be occurring with increasing frequency. In what follows, I present some of the institutional reform proposals that appeared in the academic discourse and make some critical observations in respect of these ideas. These proposals include: the introduction of a reverse preliminary reference procedure for cases related to national identity; a political override mechanism; a proposal for limiting preliminary reference rights to high courts (albeit with exceptions); and finally, the idea to establish a new court specialized in competence issues. Perhaps the latter proposal is the most popular, although various authors propose substantially different constructions. I conclude that a Subsidiarity Court specialized in competence issues could be an effective instrument for a better representation of national constitutional perspectives at the EU level, which would be essential, should open non-compliance be avoided. I also propose a complementary mechanism to the preliminary reference procedure, which would allow constitutional courts to participate in the European constitutional dialogue.

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