The New Relationship between National and the European Courts after the Enlargement of Europe: Towards a Unitary Theory of Jurisprudential Supranational Law?

Summary:

This article discusses the new relationship between national and European Courts after European Union (EU) enlargement.

The article first examines the reactions of some central and eastern European State (CEE) Constitutional Courts to the new challenges brought by the enlargement. Consequently, the article focuses on the judicial side, by analysing how the European courts in Luxembourg and Strasbourg have reacted to the enlargement of the EU and of the Council of Europe.

The conclusion summarizes the models of conflicting settlement, discusses the trend of progressive re-approachment between the domestic impact of ECHR law and EU law after the enlargement of Europe and addresses the idea of judicial dialogue.

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