Dialogue between the Court of Justice of the European Union and national courts in the application of the EU Charter of Fundamental Rights is considered
24 May, 2022
On May 24, Prof. Ineta Ziemele, Judge of the Court of Justice of the European Union, met with senators from all three Supreme Court departments.
In his address, Normunds Salenieks, Chair of the Department of Civil Cases, said that “we all are European judges, both in the Court of Justice of the European Union and in the Senate. Our ruling in the Senate completes the national legal proceedings, so the Senate must also monitor the compliance of any regulation with fundamental rights, including with the Charter of Fundamental Rights of the European Union. We need to keep in mind the source of this right, not only when preparing requests for preliminary rulings for our colleagues in Luxembourg, but also in the day-to-day application of European Union law in refusals to institute cassation proceedings, in cassation proceedings and in various other proceedings before the Senate”.
In turn, Judge Ineta Ziemele analyzed the topical rulings of the Court of Justice of the European Union on the application of the Charter of Fundamental Rights of the European Union. She also shared her experience of the fundamental principles of the work of the Court of Justice of the European Union in resolving complex legal policy issues which have an immediate and general impact on the legal space of the European Union. The dialogue between the Court of Justice of the European Union and national courts in the form of preliminary rulings plays an important role in the common understanding of the application of the Charter of Fundamental Rights of the European Union. Therefore, noting the quality requests for preliminary rulings prepared by the Latvian courts, Ineta Ziemele once again emphasized the importance of this institute and its contribution to the proper application of law.
Senators showed interest in matters regarding certain principles of European Union law and the creation of the scope of the Charter of Fundamental Rights.
In conclusion, it was noted that these kind meetings are valuable and useful.
Additional information: Since Latvia's accession to the European Union, the Senate has referred at least 8 requests for preliminary rulings to the Court of Justice of the European Union, in which the questions referred directly concern the interpretation and application of the Charter of Fundamental Rights.
Information prepared by
Division of Case-law and Legal Research of the Supreme Court