The dialogue between the courts (the relationship between the Court of Justice of the European Union, the European Court of Human Rights and the Federal Constitutional Court)

Abstract

The European model, conceived as a union of states with common goals and objectives, is currently in crisis. The forces advocating for a united Europe are opposed by those favoring the restoration of full state sovereignty and a departure from the principles associated with the idea of union. From an analytical perspective on the German and supranational judicial systems, as well as the jurisprudence emerging from them, we can offer an approximate response to how the "European Model" currently functions and how the balance between the concepts of European integration and sovereignty can be maintained within a supranational system. Along this path toward the appropriate answer lies a fundamental goal: fostering dialogue between constitutional and supranational courts as a means of preserving the democratic principles that underpin this "European Model," which has been increasingly challenged in recent times.