从欧共体成立之初,建立有效的司法审查制度就是欧洲之父们的愿望。在过去将近六十年的时间内,欧洲法院通过司法审查不但建立了一套新的独立的共同体法律秩序,而且还有效地保护了共同体内公民的基本权利,而它自己也在这过程中扮演了共同体事实上的最高法院和宪法法院的角色。然而,随之而来的困惑、争论和博弈表明,在欧盟并非一个独立主权国家的情况下,欧洲法院想要巩固现有地位,并进一步推进欧洲一体化,就必须尊重各成员国的法律秩序,并与成员国国内法院保持“真诚的合作关系”。 From the very beginning of the establishment of the EC, the establishment of an effective judicial review system is the aspiration of European fathers. In the nearly sixty years that have elapsed since the European Court of Justice passed the judicial review, not only has it established a new set of independent community legal order, but it has also effectively protected the basic rights of citizens in the Community and it has also played itself in the process Community de facto Supreme Court and Constitutional Court role. However, the ensuing confusion, controversy and gambling show that in case the EU is not an independent sovereign state, the European Court of Justice, in order to consolidate its existing status and further promote European integration, must respect the legal order of all member states And maintain “sincere cooperation” with domestic courts in member countries.