The autonomy of the European legal order and the «indispensable tasks» of its jurisdictional system

Authors

  • Miguel Azpitarte Sánchez

DOI:

https://doi.org/10.5944/trc.32.2013.11787

Keywords:

European Union, autonomy of the legal order, judicial system,

Abstract

The European Court’s renew vindication of the autonomy of the European Union Legal order opposes against the political impulses directed to open the judicial power of the Union, taking its jurisdiction beyond the Union or giving jurisdiction to court outside the Unión. Do to this paradox, I try to analyze the link between autonomy of the legal order and indispensable tasks of the judicial power of the Unión. In title II, in an effort of juridical archeology, I wonder which have been the constitutional reasons that moved to the link mentioned. In my opinion three fundamental divisions —functional, institutional and validity divisions— justify the jurisdictional model of vigilant cooperation that build the autonomy of the legal order. In title III, I try to show the weakness of this model. Firstly, although the European Court holds strong on autonomy, reality and the constitutive Treaties call for a complement. The essential question is to know what function develop several actors. Secondly, the protection offered by the judicial power of the Union is asymmetric in a double sense: it does not extend the protection through a system of appeals and it works in a different way attending to state or private origin of the wrong. Finally, I try to defend that those two asymmetries explain the political reason towards the opening of the judicial power of the Union.

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Published

2013-07-01

How to Cite

Azpitarte Sánchez, M. (2013). The autonomy of the European legal order and the «indispensable tasks» of its jurisdictional system. Teoría y Realidad Constitucional, (32), 225–258. https://doi.org/10.5944/trc.32.2013.11787

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