Who is the “Master of the Treaties”? On the dysfunctional interplay between the European Court of Justice and the European Parliament

Hélène Gaudin

Chapter 8 in The EU Reexamined, 2024, pp 147-158 from Edward Elgar Publishing

Abstract: Who is the Master of the Treaties? It is not so easy to say whether the question is simple and its answer obvious, or whether it is a difficult or even provocative question. According to the German Constitutional Court, the answer is clear: The Member States are the Masters of the treaties. Since the German Court has deemed it necessary to recall what seems obvious, can we imagine that what seems obvious is no longer so? The reminder is, in fact, a warning to the European Union institutions in general and, specifically, to the European Court of Justice. The questions are in fact: does the Court exceed the limits of its powers by its interpretation? Does the Court allow other institutions, especially the European Parliament, and the European Union, to do the same? By its jurisprudence, does the Court take the place of Member States, as Master of the Treaties?

Keywords: Economics and Finance; Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2024
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