Judicial power(s)

Marek Safjan

Chapter 23 in Research Handbook on European Constitutional Law, 2026, pp 419-437 from Edward Elgar Publishing

Abstract: The legal order of the European Union is safeguarded above all by its effective judicial system, composed of the Court of Justice of the European Union (CJEU) and national courts. It falls within the CJEU's jurisdiction to provide binding interpretations of Union law, to review the validity of Union acts, and to protect fundamental rights. The exercise of these powers is inextricably linked to the judicial activity of national courts, which remain in an ongoing judicial dialogue with the CJEU and share responsibility for ensuring the uniform, coherent, and effective application of EU law. This dialogue rests on the principles of mutual trust and the doctrine of mutual recognition. The evolution of the EU judicial system shows that the CJEU has increasingly assumed the characteristics of a constitutional court of the Union.

Keywords: CJEU as constitutional court; Judicial dialogue; Judicial power; Rule of Law; Primacy of EU law (search for similar items in EconPapers)
Date: 2026
ISBN: 9781802207866
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