Editorial Comment: “Europe and its multiple Constitutions”

These days, in the aftermath of the Weiss judgment of 5 May 2020 of the German Constitutional Court (‘BVerfG’) (available in English here), not many would subscribe to Alexander Hamilton’s view that ‘whoever attentively considers the different departments of power must perceive that in a government in which they are separated from each other, the judiciary (…) will always be the least dangerous to the political rights of the Constitution’ (Federalist No. 78 1788). 

The current EU context suggests the opposite. 

Frictions between the Court of Justice (CJEU) and constitutional courts of the Member States are on the rise (fn 1). The preliminary reference procedure is the ‘ordinary’ mechanism of dialogue and collaboration betwe