The Systemic Responsibility of the ECJ for Judicial Comity towards International Courts and Tribunals

Abstract

This chapter discusses how the European Court of Justice (ECJ) can reconcile its special sui generis status in the universe of international (and national) courts and tribunals with the requirement of being holistic by showing systemic responsibility to the system of international law as a whole. A true dialogue and more trust in these international courts and tribunals by the ECJ would make it easier for the ECJ to stop emphasizing the sui generis nature of the European legal order and enable it to bring the European legal order down to the same level of the other branches of international law. In fact, this boils down to concepts of judicial comity and the Solange-method, which encompasses several aspects. ECJ must deliver constitutional justice by becoming an integral and equal part of the universe of international courts and tribunals, rather than continuing to claim a sui generis position. Keywords: European Court of Justice (ECJ); International courts; Judicial comity; sui generis ; systemic responsibility; tribunals