Judicial Deference in the Relationship Between Constitutional Courts of the Member States and the European Court of Justice

Toader, Tudorel and Safta, Marieta (2025) Judicial Deference in the Relationship Between Constitutional Courts of the Member States and the European Court of Justice. LAW IDENTITY AND VALUES, 5 (1). pp. 217-237. ISSN 2786-2542

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Abstract

The concept of judicial deference is generally seen as a tool that judges use to avoid getting involved in areas they may consider to be beyond their expertise or jurisdiction. It is often discussed in the context of the connections between the constitutional courts and state authorities with regulatory or law enforcement powers. The concept of judicial deference can also be applied to the relationships of constitutional justice in the EU. In the complex context of the EU legal order, judicial deference becomes particularly important in the relationship between the constitutional courts and the European Court of Justice (ECJ). In our study, we will first analyse the concept of ‘judicial deference’ in the context of EU constitutional justice. Then we will examine the limits of power and intervention of the constitutional courts and ECJ, especially in sensitive areas such as the interaction of legal systems, fundamental rights, and constitutional identity. The goal of this scientific article is to analyse these unique features and challenges and to show that balanced judicial deference is crucial for the development of an ‘Ever-integrated Union.’.

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