Who Has the Last Word? National and Transnational Courts—Conflict and Cooperation

Summary:

This article discusses the interplay of national and transnational law.

The first part of the article explains what has prevented the German Federal Constitutional Court from swearing unlimited allegiance to the jurisdiction of the European Courts. In the second part, the article argues that potential obstinacy on the part of the highest national courts can be a functional rather than a dysfunctional element in the Union and Convention systems. In the final part, the article depicts the contributions required on both sides—national and transnational—to shape a viable system of cooperation between national and transnational Courts, and the reasons why these contributions should be made.