A Pan-European Dialogue among Supreme National Courts for a more integrated Europe

Biancamaria Raganelli (Tor Vergata)
Öznur Uguz (Scuola Superiore Sant'Anna)

Abstract

What about the role of the Supreme Courts as part of the judicial network in promoting a uniform interpretation and adequate enforcement of the EU legislation? What independence of judgment and liability consequences for individual supreme national Courts of a possible refusal to proceed with a referral to the Court of Justice of the European Union? Is it possible and appropriate to draw a model that encourages dialogue and discussion between national courts in evaluating whether to activate the preliminary ruling mechanism?
The position taken by the Italian Administrative Supreme Court in a recent case concerning the interpretation and application of the national legislation on the treatment of dangerous substances offers the opportunity to reflect on the functioning of the preliminary ruling procedure and the role of the so-called pan-European dialogue between domestic courts and the CJEU, for a broader discussion on the European integration.
A new organization model for a more effective EU judicial system could be envisaged. The national courts could work not only as a transmission link. A network of domestic Courts that act as interconnected neural centers is envisioned, contributing at guaranteeing a European ius commune founded upon a uniform interpretation and application of EU law.
Effective functioning of such a model is only possible through an effective pan-European dialogue that allows individual courts to transmit impulses in a hetero-directional way, horizontally as well as vertically, in order to encourage the discussion and collaboration even before the referral. This would lead to a better amalgamation of legal systems in a flexible, efficient and responsible way and would facilitate the EU’s legal integration. This lays the foundation for a more connected Europe where economic barriers are diminished for a more efficient European economy offering better opportunities for growth and development.

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