Trilateral Relations between National Inferior Courts, National Superior Courts and the Court of Justice of the European Union: 'Conversion' of the German Federal Constitutional Court

National inferior courts have challenged the decisions of national superior courts (supreme courts or constitutional courts), relying on the preliminary ruling procedure of Article 267 of the Treaty on the functioning of the European Union. Recently, a new reaction from one of the most stubborn national courts, the German Federal Constitutional Court, occurred. It changed its attitude towards the Charter of Fundamental Rights of the EU and the preliminary ruling procedure in the so-called 'the right to be forgotten II' case in November 2019. One of the reasons for this change lies in the growth of the role of national inferior courts and the weak influence of the German Federal Constitutional Court. This article describes the trilateral relations between national inferior courts, supreme courts or constitutional courts and the Court of Justice of the European Union and how the German Federal Constitutional Court changed its attitude towards the EU Charter and the Court of Justice of the EU.

Hitotsubashi University

2021-02

英語(eng)

departmental bulletin paper（紀要論文）

VoR

10.15057/hjlp.2020001

0073-2796

AA00207558

Hitotsubashi Journal of Law and Politics

49

1

15

Vol. 49 (Feb. 2021)

https://hdl.handle.net/10086/71114