Constitution to extend ECJ’s power to foreign policy and fundamental rights

If the Constitution is adopted, the President of the European Court of Justice says it will rule on foreign policy and fundamental rights. Meanwhile, the French Constitutional Court has consecrated the primacy of European law.

Read more with Euractiv

Subscribe now to our newsletter EU Elections Decoded

Vassilios Skouris, President of the European Court of Justice
told the Financial Times that the draft Constitution, which EU
leaders hope to approve on 18 June, "will bring new areas and new
subjects under the court's jurisdiction", such as foreign policy
and the charter of fundamental rights. It would make the charter, a
summary of basic European values endorsed as a political
declaration by EU leaders at a summit in 2000, legally binding. The
charter could have an impact on national industrial relations laws.
The UK has always been wary of giving it legal force because it
enshrines the right to strike (see

).

Skouris added that judicial control over EU foreign policy would
"be very limited by its nature" without excluding "that there could
be questions of substance as well". However, the constitution will
still have to be ratified by all 25 EU Member States if it is to
enter into force.

Meanwhile, the French Consitutional court has rendered a
landmark judgement consecrating the primacy of European law. The
constitutional judges agree that the European Court of Justice has
the sole competence to -decide if a European law complies with the
treaties and fundamental rights. They added that a law transposing
a European directive can only be censured if it is manifestly
contrary to the French constitution. Judges had postponed the
publication of their ruling - initially envisaged on 10 June - so
as not to interfere with the EP elections.

 

Subscribe to our newsletters

Subscribe