13 June 2018

CECS research on the Ajos judgment in two recent publications

Activist Infighting among Courts and Breakdown of Mutual Trust? The Danish Supreme Court, the CJEU, and the Ajos Case

EU flagNeergaard and Engsig Sørensen are focusing on the alleged judicial activism made by the CJEU, but also reflecting on the irony that the Danish Supreme Court itself showed that it too had an activist streak, and finding that the full implications of the case and therefore the remedy are far from certain yet. The authors have considered how the courts should strike a sensitive balance, which has to exist in the relationship between the national courts and the CJEU, requiring mutual trust or, at the least, judicial comity in accordance with the hierarchy of norms established by virtue of EU law.

Read more here: Yearbook of European Law, Volume 36, 1 January 2017, Pages 275–313,

The Danish Ajos Case: The Missing Case from Maastricht and Lisbon

In the article, Krunke and Klinge are focusing on the scope and development of the case law regarding the accessions to the European Union treaties, and analysing the case from a comparative legal perspective. Relating Ajos to developments seen by other constitutional courts, i.e. the Italian Taricco II case and the German Honeywell case both of which can be interpreted as more open toward Union law and European integration.

Read more here: European Papers, Vol. 3, 2018, No 1, pp. 157-182