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Introduction: Supranationalism and Foreign Law at the Court of Justice of the EU†

Introduction: Supranationalism and Foreign Law at the Court of Justice of the EU† Symposium: Foreign Law in Constitutional Courts BILL DAVIES & FERNANDA G. NICOLA* Introduction: Supranationalism and Foreign Law at the Court of Justice of the EU† By virtue of its peculiar position as the world’s first suprana- tional court, the comparative legal method and the use of foreign law hold a particular significance for the Court of Justice of the European Union (CJEU, or “the Court”). This supranational characteristic, how- ever, places the Court under an intense and unique set of judicial and political pressures. The Court must ensure the autonomy, exclusiv- ity, and functioning of the EU’s legal order, while remaining sensi- tive to the fact that it is positioned as a central node in a network of national, international, and foreign courts that are profoundly affected by its decisions—and whose decisions, in turn, may also affect the Court. Understanding the political and judicial dynamics at play on the Court is not just a compelling intellectual conundrum. The increasing significance of the EU’s economy, trade, and political well-being places the CJEU under global judicial and political scru- tiny. How it uses—or chooses not to use—foreign legal norms is of worldwide significance. With a Transatlantic Trade and Investment Partnership (TTIP) http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Introduction: Supranationalism and Foreign Law at the Court of Justice of the EU†

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Publisher
Oxford University Press
Copyright
© The Author [2017]. Published by Oxford University Press on behalf of the American Society of Comparative Law. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.1093/ajcl/avw012
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Abstract

Symposium: Foreign Law in Constitutional Courts BILL DAVIES & FERNANDA G. NICOLA* Introduction: Supranationalism and Foreign Law at the Court of Justice of the EU† By virtue of its peculiar position as the world’s first suprana- tional court, the comparative legal method and the use of foreign law hold a particular significance for the Court of Justice of the European Union (CJEU, or “the Court”). This supranational characteristic, how- ever, places the Court under an intense and unique set of judicial and political pressures. The Court must ensure the autonomy, exclusiv- ity, and functioning of the EU’s legal order, while remaining sensi- tive to the fact that it is positioned as a central node in a network of national, international, and foreign courts that are profoundly affected by its decisions—and whose decisions, in turn, may also affect the Court. Understanding the political and judicial dynamics at play on the Court is not just a compelling intellectual conundrum. The increasing significance of the EU’s economy, trade, and political well-being places the CJEU under global judicial and political scru- tiny. How it uses—or chooses not to use—foreign legal norms is of worldwide significance. With a Transatlantic Trade and Investment Partnership (TTIP)

Journal

American Journal of Comparative Law – Oxford University Press

Published: Dec 1, 2016

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