Together we shall build a strong European rule of law

Mr President of the Italian Republic, Your Excellency,

Mr President of the Consiglio di Stato and ACA Europe, dear Colleagues, Ladies and Gentlemen,

it is a great honour to address you, Mr President, on behalf of the incoming Finnish ACA Europe presidency. Already at the outset, I would like to acknowledge that our presidency will be carried out in a close partnership with our Swedish colleagues and friends – just like Finland and Sweden are taking historical steps to joining the NATO, hand in hand. During the first year of the present Italian presidency, it is evident that you, dear Franco, and your excellent team are setting the bar so high that we must make extreme efforts to reach the level benchmarked by you.

Mr President, I am aware of your background as Professor of Constitutional Law and Justice at the Constitutional Court. That is why I dare to go into some substantive topics linked to ACA Europe and the rule of law. ACA Europe is an international association composed of the Court of Justice of the European Union and the supreme administrative courts of the EU Member States. These supreme jurisdictions play an essential role in the unification and harmonization of EU law.

Whereas the ongoing Italian presidency is focusing on horizontal dialogue between the EU Supreme Administrative Jurisdictions, the Finnish programme will concentrate on vertical dialogue between the supreme administrative courts and the European Courts. We shall consider, to what extent do national courts call into question or distinguish the preliminary ruling of the CJEU, and how do they implement these rulings in their decisions, and in which situations do the national courts consider the issue as acte clair or acte éclairé.

In connection with the analysis of the relationships between national courts and supranational law, we are going to give some attention to the national courts´ relationship to the national constitutions. How does the Constitution affect the judgments of the national supreme jurisdictions? Is there some similarity in the interpretation of the Constitution to e.g. the interpretation of EU Directives: can or must the provision in a national act of Parliament be set aside when it collides with the Constitution, shall national law be interpreted in the light of the Constitution.

And here, ladies and gentlemen, we are approaching significant elements of the rule of law. The European Union is based upon the rule of law. It reflects a vision establishing a union among the peoples of Europe. Democracy, respect for human rights and fundamental freedoms, and the rule of law, including independent courts, are central values of the EU. These principles cannot flourish if they are not respected at the national level. The European Union is based on ideas of harmonization and mutual trust. If the authority of EU law is called into question, we will be losing sight of the very essence of the Union. The primacy of EU law is a core element of our common legal order.

I quote President Koen Lenaerts´ words last November:

“The survival of the European project, as it currently stands, is at stake because of the current challenge faced by the Court of Justice.” ”Undermining of the rule of law also takes place when courts fail to respect each other and diminish dialogue.” “The EU legal order can only function when it is clear who has the last word when it comes to the interpretation of EU law.

Today Europe is facing several crises. The covid-19 pandemic has not been defeated yet, even if the media coverage has, understandably, been taken over by the cruel Russian war in Ukraine, violating international law and the rule-based world order. But even – and especially – during unstable times it is of utmost importance that the rule of law prevails. Trust in courts and legality creates cohesion in the society and promotes resilience. Together we shall build a strong European rule of law.

Mr President, on behalf of all the guests I wish to extend our warmest gratitude for your kind invitation here to the glorious Palazzo del Quirinale. We are really honoured and grateful for your time and attention. Grazie mille!