Legal or Political? A Problem of Non-compliance with the CJEU Rulings in the European Union Member States

Panel Code
Open Panel
In Person

Studies of the rulings of the Court of Justice of the European Union (CJEU) have so far focused mainly on the legal analysis of judgments or legal problems related to the question of non-compliance. Meanwhile, in expert and public debates on the condition of the EU and the challenges it has been facing, the role of the CJEU goes beyond the issues of interpreting EU law and the question of non-compliance goes far beyond the legal aspects. The panel has a few purposes: 1) To analyze the impact of CJEU judgments on national constitutional courts, 2) To analyze political significance of the CJEU judgements for the MS from the point of view of polity, policy and politics, 3) To analyze the the dialogue over the CJEU rulings and non-compliance between the EU institutions and the Member States. The panel will contribute to the debate on the political significance of the CJEU jurisprudence for the EU institutions, Member States, and EU citizens, it will also contribute to the analysis of the political reasons and the consequences of non-compliance. The presentation will answer questions about political significance of the CJEU judgements, where approach towards the question of “the political” will be based upon its notion elaborated by Carl Shmitt and modified by Chantal Mouffe.