This contribution exposes some thoughts concerning the role of the Court of Justice of the European Union (“CJEU”) and the position of EU law in general, in light of the current challenges facing the European Union. The authority of the CJEU has been challenged in various Member States, as has the primacy of EU law, not only by politicians and the press, but also before and even by national courts, including certain constitutional c...

National identity that Article 4(2) of the Treaty of the European Union (TEU) refers to was interpreted by some constitutional courts of Member States as an exception from the principle of supremacy of European Union law. Even if it has not defined national or constitutional identity, the Romanian Constitutional Court stated that Article 4(2) TEU creates limits to the European integration process, consisting in fundamental political...

The relationship between the European Union law and arbitration is assessed from several perspectives: from the point of view of a researcher in European Union law and from the experience in the field of arbitration. This discussion is not only academic one, but has important consequences for the application of law, especially the application of European Union law by arbitral tribunals. It is also a paradox: on the one hand, in some...

The paper explores the relationship between judicial dialogue, mutual trust and independence within the EU legal order. That relationship is governed by mutually-reinforcing dynamics, as there can only be an effective judicial dialogue between the European Court of Justice (the ‘ECJ’) and national courts, as well as between courts of different Member States, where those courts trust each other, and in order for those courts to trus...