02 January 2026
When National Courts Say No
On 16 December 2025, the European Court of Human Rights (ECtHR) delivered its judgment in Gondert v. Germany. At the centre of the dispute lies the duty to give reasons. In the triangular relationship between EU law, the ECHR, and national legal orders, the duty to state reasons plays a catalytic role: without adequate reasons, the much-cited “dialogue between courts” cannot operate as genuine dialogue. Gondert improves matters to some extent, but it cannot by itself remedy the deeper structural weaknesses that shape how that dialogue functions.
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