Chapter

The Role of National Constitutional Courts in Issues of Compliance

Darinka Piqani

in Compliance and the Enforcement of EU Law

Published in print March 2012 | ISBN: 9780199644735
Published online May 2012 | e-ISBN: 9780191740695 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199644735.003.0005

Series: Collected Courses of the Academy of European Law

The Role of National Constitutional Courts in Issues of Compliance

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This chapter looks at the role of constitutional courts from a compliance perspective. It focuses on how constitutional courts deal with challenges of unconstitutionality in the course of application of EU law in the member states. It starts with a short overview of the European mandate for national courts. It then discusses how constitutional courts may hinder or facilitate compliance with EU law. It argues that, despite their firm position of upholding the constitution vis-à-vis EU law and some cases of restricting the full effects of EU law, constitutional courts in several ways may act as facilitators of compliance for member states. They do so, for instance, by finding the least harmful solution for the full application of EU law whilst constructing constitutional reservations; by instructing other political branches on how to introduce constitutional or legislative amendments in order to ensure full compliance; and in the pre-accession setting, by putting forward the obligation to interpret national law in conformity with EU law within the ambit of the obligation of approximation.

Keywords: EU law; constitutional courts; compliance; law enforcement; national courts; member states

Chapter.  13517 words. 

Subjects: EU Law

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