Kelemen, R. Daniel --- "The dangers of constitutional pluralism" [2018] ELECD 404; in Davies, Gareth; Avbelj, Matej (eds), "Research Handbook on Legal Pluralism and EU Law" (Edward Elgar Publishing, 2018) 392

Book Title: Research Handbook on Legal Pluralism and EU Law

Editor(s): Davies, Gareth; Avbelj, Matej

Publisher: Edward Elgar Publishing

ISBN: 9781786433084

Section: Chapter 22

Section Title: The dangers of constitutional pluralism

Author(s): Kelemen, R. Daniel

Number of pages: 13

Abstract/Description:

This article rejects the normative claim made by constitutional pluralists that it is desirable to leave questions of ultimate legal authority open and unsettled in the EU context. Not only is the concept of constitutional pluralism logically and practically untenable, it also presents grave dangers to the survival of the EU's judicial order. Though advocates of constitutional pluralism had the best of intentions, their support for this dangerous idea has had damaging effects. Initially developed by sincere academics and championed by the highly respected German Federal Constitutional Court, this dangerous idea has now fallen into the hands of legal miscreants, such as courts controlled by increasingly autocratic member state governments in Hungary and Poland. This opens the way for more challenges to the supremacy of EU law and the CJEU's role in interpreting it. Rather than serving as a basis for constructive judicial dialogue, the concept of constitutional pluralism presents a clear and present danger to the EU legal order.