{"id":1732,"date":"2024-12-10T13:48:01","date_gmt":"2024-12-10T12:48:01","guid":{"rendered":"https:\/\/www.uni.lu\/lcel-en\/?post_type=news&p=1732"},"modified":"2025-02-05T13:38:15","modified_gmt":"2025-02-05T12:38:15","slug":"the-role-of-the-eus-highest-court-in-politically-sensitive-cases","status":"publish","type":"news","link":"https:\/\/www.uni.lu\/lcel-en\/news\/the-role-of-the-eus-highest-court-in-politically-sensitive-cases\/","title":{"rendered":"The role of the EU\u2019s highest court in politically sensitive cases"},"content":{"rendered":"\n
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The Court of Justice of the European Unio<\/a>n (CJEU), as the EU\u2019s highest court, ensures the uniform application of EU law across member states. But what happens when a legal case has significant political repercussions? These \u201cpolitically sensitive\u201d cases often involve foreign relations, trade agreements, or internal EU governance. They highlight critical questions about the boundaries of judicial authority and the separation of powers.<\/p>\n\n\n\n

The Luxembourg Centre for European Law (LCEL) gathered esteemed academics, legal practitioners and judges from the CJEU to tackle these issues from a theoretical perspective as well as how political questions are dealt with in the case law of the Court.<\/p>\n\n\n\n

Prof.\u00a0Takis Tridimas<\/a>\u00a0(Director, LCEL) opened the conference discussing the importance of the principle of separation of powers in a democracy. This is necessary to avoid the concentration of power. A properly functioning democracy is based on a system of checks and balances where the branches of government (the legislative, the executive, and the judiciary) are intensely interdependent. Because of the nature of their jurisdiction, constitutional courts and, more generally, those that are at the apex of a legal system, may encounter disputes that are politically sensitive.\u00a0 How they handle them manifests the way they perceive their function and provides a standard of democracy.<\/p>\n\n\n\n

By emphasising the principle of separation of powers, he set the tone for a lively discussion.<\/p>\n\n\n\n

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