EUROPEAN COURT OF JUSTICE - SUPREME COURT OR CONSTITUTIONAL COURT?

Abstract

A main task of the European Court of Justice is to enforce the uniform interpretation and effective application of European legislation. For some reasons, the European Court of Justice can be considered a quasi-constitutional court. It applies, in practice, such competence by ordering a national court to directly disapply domestic law provisions on limitation periods in a pending case. Legality and legal certainty are at stake here. In such conditions, we can speak about the evolution of a "constitutional" relationship between the European Court and national courts.