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Meetings Calendar 2006
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The dialogue of the European Court of Justice with national supreme courts

 

The President of the Austrian Constitutional Court, Karl Korinek, noted that it is important for every community, for reasons of constitutional legality and effectiveness, to have binding rules on which institutions are responsible for which tasks. This also holds good for the European Union. The subsidiarity principle, being a very abstract rule, is not suitable for concrete legal decisions, but it is a legal principle, a benchmark which can be substantiated and which is comparable to the component laws of the constitution. During the realisation of the internal market the European Court of Justice always placed great value on the fact that implementation was not the exclusive competence of the Community.

The European Court of Justice controls whether legislation remains within the agreed scope. In this connection Korinek remarked upon a paradigm shift in the function of the European Court of Justice in contrast to the early years of the European Economic Community. The European Court of Justice was no longer the motor of integration but monitored the limits of Community competence. It was developing into a competence court as a result of the subsidiary principle and the realisation of the latter through the Treaty. The European Court of Justice had to maintain a balance between EU law and the discretion available to Member States. Korinek expressed the wish that respect for competences on the part of Community and national organs would grow and that the European Court of Justice would maintain, and develop greater sensitivity to, the balance between the implementation of European Law and the freedom of national legislators to determine their specific approach.

 

Date: 24.04.2006