2025-09-19

The international conference EUnited in Diversity‘ marked its third edition in Sofia

 

The Constitutional Court of the Republic of Bulgaria and the Court of Justice of the European Union (CJEU) further enhanced judicial dialogue within the Union during the third edition of the international conference EUnited in Diversity‘, held in Sofia from 3 to 5 September 2025.

The prestigious forum was opened by Pavlina Panova, President of the Constitutional Court of the Republic of Bulgaria, and Koen Lenaerts, President of the Court of Justice of the European Union.

Bulgaria, as host country, was represented by seven Constitutional Court judges, including President Pavlina Panova, Judges Atanas Semov, Yanaki Stoilov, Sonya Yankulova, Galina Toneva, Sasho Penov, and Nevin Feti, as well as by Valentin Georgiev, Secretary-General of the institution.

Together with representatives of the other 20 constitutional jurisdictions and equivalent institutions of EU Member States, they debated for two days on key issues concerning the role of constitutional justice in the EU’s common legal order.

The topics of the four working panels were as follows:

  • “The Allocation of Competences between the Member States and the EU”;
  • “Identity of the EU and EU constitutionalism in times of crisis: Constitutional Courts and the Court of Justice”;
  • “Different National Constitutional Law Constellations Relevant for EU law”;
  • “Application and Interpretation of EU Law: Constitutional Courts and the Court of Justice”.

During the first panel, discussions focused on the distribution of competences between the Member States and the EU. Presentations were delivered by Konstantinos Lycurgos, President of Chamber at the CJEU, Zdenek Kühn, Judge of the Constitutional Court of the Czech Republic, Cándido Conde-Pumpido Tourón, President of the Constitutional Court of Spain, and Yanaki Stoilov, Judge of the Constitutional Court of the Republic of Bulgaria. The debate was moderated by Véronique Malbec, Member of the Constitutional Council of the French Republic.

The participants agreed that the principle of conferral requires a balance between ensuring the effectiveness of EU law and respecting the competences of the Member States. It was underlined that such balance may result from dialogue between courts, including through more frequent use of preliminary references by national Constitutional Courts to the CJEU.

In the second panel, moderated by Judge Nevin Feti of the Constitutional Court of Bulgaria, the programme opened with a presentation by Professor Maciej Szpunar, First Advocate General of the CJEU. He emphasized the importance of judicial review of crisis-related measures. Contributions followed from Judge Giovanni Amoroso, President of the Constitutional Court of Italy, Professor Vytautas Mizaras, Judge of the Constitutional Court of Lithuania, and Professor Luc Lavrysen, President of the Constitutional Court of Belgium (Dutch linguistic group). Judge Nevin Feti concluded by stressing that even in times of crisis, the values of the EU — peace, security, and the rule of law — must be safeguarded.

The third panel was moderated by Judge Sasho Penov. Presentations were made by Thomas von Danwitz, Vice-President of the CJEU, Elias Georgiou, Judge of the Supreme Constitutional Court of Cyprus, José João Abrantes, President of the Constitutional Court of Portugal, and Irēna Kucina, President of the Constitutional Court of Latvia.

The discussion focused on the approach of national Сonstitutional Сourts when faced with legal questions involving the interpretation and/or application of EU law. One of the central topics, both of the entire conference and of Panel III, was the issue of national constitutional identity and the principle of consistent interpretation as tools for constitutional dialogue within the EU constitutional system.

The final, fourth panel addressed methods of interpretation — linguistic, logical, teleological, systematic, and historical — and their application in both EU law and national legal systems. The session was moderated by Helena Jäderblom, President of the Supreme Administrative Court of Sweden. Speakers included Ineta Ziemele, Judge of the CJEU, Lawrence Mintoff, Judge of the Constitutional Court of Malta, Thierry Hoscheit, President of the Constitutional Court of Luxembourg, and Professor Atanas Semov, Judge of the Constitutional Court of the Republic of Bulgaria.

In his presentation, Judge Semov introduced a specific safeguard established in the Rules of Procedure of the Constitutional Court of Bulgaria regarding the application of EU law. Under this provision, referring courts are required to analyse the relevant EU law, and such analysis serves as a procedural prerequisite for the admissibility of the requests. In this way, Bulgarian constitutional proceedings guarantee the interpretation and application of EU law in cases where the case before the referring court falls within its scope.

For the first time, and at the initiative of the Bulgarian Constitutional Court, the conference also included a dedicated panel on judicial administration, focusing on digital technologies and the tools used by constitutional jurisdictions to enhance their work.

The two-day conference concluded with closing speeches by Pavlina Panova and Koen Lenaerts, who emphasised the common values around which the EU is united and the importance of maintaining dialogue concerning them.

President Lenaerts stated:

As has been highlighted by President Panova and by some of you during this conference, we live in uncertain times. Fundamental values which are shared and cherished by the EU and the Member States, such as liberty, democracy, the rule of law and fundamental rights, can no longer be taken for granted. As can be seen in other parts of the world, authoritarian tendencies are on the rise. EU constitutionalism, which is grounded in those common values, must be protected. It is part of our common heritage, as Judge Feti pointed out. (…) In my view, four essential features must form part of that common language, namely awareness, trust, dialogue and pluralism. (…) If Europeans are to overcome the challenges ahead, they must stay together“.

President Pavlina Panova, for her part, stressed that the two central expressions during the conference had been “rule of law” and “fundamental rights”: “These are not mere words devoid of content. These are ideas and norms — the foundation of the common legal order, which we, as judges, are committed to guarantee.”

She further underlined: “The very essence of Europe requires the active participation of the full diversity of perspectives, traditions and historical experiences, which together are an integral part of European identity. Maintaining dialogue on European values is in the interest not only of a given national legal system. For the European Union — that is, for all of us — it is of particular importance to support the participation of all, in order for the Union to remain true to its own ideals, a vital part of which are the rule of law and fundamental rights.”