Joseph H.H. Weiler

Professor of Law at the University of New York and Director of the Jean Monnet Center for International and Regional Economic Law & Justice

The authors present their proposal, written in the form of a Position Paper, for the creation of a Mixed Chamber at the Court of Justice as a means, in part, of addressing the issues highlighted by the May 5th Weiss decision of the German Constitutional Court. This Chamber, to be composed of sitting members of the Court of Justice of the EU alongside judges of constitutional courts of the Member States, would have jurisdiction to solve, in last instance, conflicts of competence between the Union and its Member States.

Continua a leggere

A few weeks ago, we published a proposal, in the form of a Position Paper, for the creation of a Mixed Chamber at the Court of Justice as a means, in part, of addressing the issues highlighted by the May 5th Weiss decision of the German Constitutional Court. This Chamber, to be composed of sitting members of the Court of Justice of the EU alongside judges of constitutional courts of the Member States, would have jurisdiction to solve, in last instance, conflicts of competence between the Union and its Member States. The full details may be found here in the original Position Paper (republished on CERIDAP.eu). The proposal has stirred a lively debate and produced constructive comments and critiques from colleagues and friends from many quarters. We are honored by the attention received and the best way to acknowledge our critics is by providing reasoned replies to their comments. We received two kinds of remarks: Macro and Micro. The Macro critiques target the proposal’s convenience and its general defects in the broad sense. These are principled critiques that deserve also a principled reply. At the Micro level we received detailed inquiries into specific aspects of the proposal, questioning a particular point here or there. We will address most of them accordingly. We will end with a more elaborate description of some of the procedural aspects of our Proposal which consider several of the comments we have been receiving.

Continua a leggere