Recent Authority Conflicts between the Court of Justice of the European Union and EU Member State Constitutional Courts

This presentation will look at the recent instances of conflicts of authority between the CJEU and EU Member State constitutional courts. Beginning with the (in)famous PSPP decision of the German FCC, I will focus on its aftermath in Germany, and similar developments in Poland and Romania. Yet, rather than rehearsing the evergreen debate over the supremacy of EU law and its potential limits, I intend to examine what the above-outlined judicial conflicts and decisions can tell us about the current state of the European legal ordering, and the competing visions and understandings of the EU’s authority and legitimacy advanced therein. My key hypothesis is that — though certainly exacerbated by the current wave of populism, Euro-skepticism, and the EU rule of law crisis — the analyzed conflicts cannot be explained away by pointing to the latter phenomena. Rather, they reflect some more fundamental disagreements about the conditions and telos of the EU “integration through law” project.