(CN) — When the EU’s top court has already spoken, the debate should be over. On Thursday, the bloc’s judges put that in sharp terms: When they interpret EU law, even a national constitutional court does not get the last word.
The Court of Justice of the European Union drew a firm line. Member states may ask judges to spell out how EU law fits into a dispute before seeking constitutional review. What they cannot do is design their procedures in a way that discourages or delays a reference to Europe’s highest court. And if a constitutional court later refuses to follow a preliminary ruling, the ordinary judge must still ensure EU law prevails.
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