Reflections on the Institutional Balance, the Community Method and the Interplay between jurisdictions after Lisbon

• Autores: Ben Smulders, Katharina Eisele
• Localización: Yearbook of European Law, ISSN 0263-3264, Vol. 31, Nº. 1, 2012, págs. 112-127
• Idioma: inglés
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• Resumen

  • This article analyses the institutional balance of the EU after the entering into force of the Treaty of Lisbon and identifies some of the grey areas that question the former concept. For maintaining the Union's institutional balance we argue that the Community method plays a fundamental role; yet, alternative solutions, such as the 'Union method', are crucial where the Community method reaches its limits. Lastly, this artide discusses the sensitive interplay between national constitutional courts and the Court of justice in Luxembourg, and we plead in favour of a true dialogue among the various courts as it would be beneficial for creating a coherent and pluralistic EU legal order.