MIL-OSI Europe: Answer to a written question – Worrying statements regarding national courts by the Commissioner for Democracy, Justice and the Rule of Law – E-002917/2024(ASW)

In line with the provisions of Article 19(1) of the Treaty on European Union and Article 267 of the Treaty on the Functioning of the EU, national courts and tribunals, in collaboration with the Court of Justice of the European Union, are entrusted with the interpretation and application of EU law[1].

As such, national courts and tribunals act in a double capacity, as national and as EU courts. The national and EU legal systems form a common legal order[2], providing EU citizens with complete and effective legal protection.

• [1] See, inter alia, Court of Justice of the European Union, judgment of 24 June 2019, Case C-619/18, ECLI:EU:C:2019:531, Commission v Poland, para. 71.
• [2] Court of Justice of the European Union, judgment of 16 February 2022, Case C-156/21, Hungary v Parliament and Council, ECLI:EU:C:2022:97, para. 127.