Courts vs. Courts? Or a way together? The evolution of constitutional review in the EU and worldwide
Courts vs. Courts? Or a way together? The evolution of constitutional review in the EU and worldwide

Summary/Abstract: The basic ideas of this presentation, around which we have organized the debate, are in the sense that a Court-vs.-Court positioning in the European Union (EU) is not acceptable. We have to find a path together in this European space and worldwide. The Courts in EU Member States, including the constitutional courts, are connected both horizontally and vertically, namely between each other and with the CJEU in a genuine network, operating under the same rule of law. Tensions in this area are too easily and too often pushed towards the debate of the concepts of sovereignty, national constitutional identity, losing the importance of the practical side of trying to solve them through collegiality and dialogue. The article represents an invitation to debate the broad nature and complexity of the subject, bringing to light the need for dialogue between judges form national courts and the constitutional courts, including in other forms of cooperation, as a method used in the past years and which remains, in our opinion, the main strategy to avoid conflicts, both horizontally and vertically.

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