Tensions between Courts and Tribunals in the EU – a patchwork of dialogues tearing apart at its seams?
The relationship between the legal systems of EU Member States and the EU law and the respective engagement between national courts and the CJEU have been long characterised by tensions leading to dialogues. These arose both from conflicts between the CJEU asserting the role of itself and the EU law vis a vis national constitutional identities and from frictions related to domestic implementation of EU law (or lack thereof). Tensions and dialogues within the European legal space have been recently amplified by a worrying trend of the rule of law backsliding in some Member States increasingly reaching the breaking point of direct conflict with EU law and with the CJEU itself. This panel seeks to explore tensions both new and old, long-standing questions as to the thorny yet constructive dialogue and the role of (mis)trust coupled with the increasing clash over the rule of law in the EU