The session aims to analyze the role of the Court of Justice in the EU institutional architecture. A brief introduction is devoted to the Court’s contribution to the so-called “constitutionalization” of the EU, from the viewpoint of the definition of EU structural principles and of the case law on the distribution of competence between EU and Member States and on the protection of fundamental rights. Following this introduction, in the second and main part of the session the instructor will deal with the place of the Court of Justice in the EU inter-institutional balance, based on Treaty provisions, practice and case law of the Court itself, as well as on the design of the relationship among the European Parliament, the Council of the EU, and the Commission on the part of the Court. The discussion aims to address in particular the following questions:
• Do you think the Court of Justice act as a “policy maker” in the EU? Why? Is this desirable in your view?
• Is there an alignment in the position of the Court of Justice and the Commission?
• What is the role of the Court of Justice in the protection of the democratic principle in the EU?