About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

49 Hitotsubashi J.L. & Pol. 1 (2021)

handle is hein.journals/hbijllw49 and id is 1 raw text is: Hitotsubashi Journal of Law and Politics 49 (2021), pp.1-15. C Hitotsubashi University https:/doi.org/10.15057/hjlp.2020001 TRILATERAL RELATIONS BETWEEN NATIONAL INFERIOR COURTS, NATIONAL SUPERIOR COURTS AND THE COURT OF JUSTICE OF THE EUROPEAN UNION: 'CONVERSION' OF THE GERMAN FEDERAL CONSTITUTIONAL COURT YUMJKO NAKANISHI* Abstract National inferior courts have challenged the decisions of national superior courts (supreme courts or constitutional courts), relying on the preliminary ruling procedure of Article 267 of the Treaty on the functioning of the European Union. Recently, a new reaction from one of the most stubborn national courts, the German Federal Constitutional Court, occurred. It changed its attitude towards the Charter of Fundamental Rights of the EU and the preliminary ruling procedure in the so-called 'the right to be forgotten II' case in November 2019. One of the reasons for this change lies in the growth of the role of national inferior courts and the weak influence of the German Federal Constitutional Court. This article describes the trilateral relations between national inferior courts, supreme courts or constitutional courts and the Court of Justice of the European Union and how the German Federal Constitutional Court changed its attitude towards the EU Charter and the Court of Justice of the EU. Keywords: trilateral relations, national inferior courts, national superior courts, constitutional courts and the Court of Justice of the European Union, the preliminary ruling procedure of Article 267 TFEU, Case C- C-68/17 IR v JQ, the German Federal Constitutional Court, the Right to be forgotten II, the EU Charter of Fundamental Rights Content I. Introduction II. The Preliminary Ruling Procedure III. Trilateral Relations between National Inferior Courts, National Superior Courts and the Court of Justice IV. 'Conversion' of the German Federal Constitutional Court V. Concluding Remarks * Professor of European Union Law, Graduate School of Law, Hitotsubashi University, Tokyo, Japan, Visiting Scholar at the Max Planck Institute Luxembourg for Procedural Law. Email: yumiko.nakanishi@r.hit-u.ac.jp.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most