IDEAS home Printed from https://ideas.repec.org/h/elg/eechap/22460_8.html
   My bibliography  Save this book chapter

Who is the “Master of the Treaties”? On the dysfunctional interplay between the European Court of Justice and the European Parliament

In: The EU Reexamined

Author

Listed:
  • Hélène Gaudin

Abstract

Who is the Master of the Treaties? It is not so easy to say whether the question is simple and its answer obvious, or whether it is a difficult or even provocative question. According to the German Constitutional Court, the answer is clear: The Member States are the Masters of the treaties. Since the German Court has deemed it necessary to recall what seems obvious, can we imagine that what seems obvious is no longer so? The reminder is, in fact, a warning to the European Union institutions in general and, specifically, to the European Court of Justice. The questions are in fact: does the Court exceed the limits of its powers by its interpretation? Does the Court allow other institutions, especially the European Parliament, and the European Union, to do the same? By its jurisprudence, does the Court take the place of Member States, as Master of the Treaties?

Suggested Citation

  • Hélène Gaudin, 2024. "Who is the “Master of the Treaties”? On the dysfunctional interplay between the European Court of Justice and the European Parliament," Chapters, in: Jörn A. Kämmerer & Hans-Bernd Schäfer & Kaushik Basu (ed.), The EU Reexamined, chapter 8, pages 147-158, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:22460_8
    as

    Download full text from publisher

    File URL: https://www.elgaronline.com/doi/10.4337/9781035314867.00013
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:elg:eechap:22460_8. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Darrel McCalla (email available below). General contact details of provider: http://www.e-elgar.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.