In the court we trust: cooperation, coordination and collaboration between the ECJ and supreme administrative courts

The preliminary reference procedure has long been envisaged as a judicial dialogue between the European Court of Justice and national courts. However, in reality the relationship appears to be closer to one of growing separation rather than to a happy marriage between equal partners. This book tries...

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Bibliographische Detailangaben
Beteiligte Personen: Gestel, Rob van 1966- (VerfasserIn), Poorter, Jurgen de 1974- (VerfasserIn)
Format: Elektronisch E-Book
Sprache:Englisch
Veröffentlicht: Cambridge Cambridge University Press 2019
Schriftenreihe:Cambridge studies in european law and policy
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Links:https://doi.org/10.1017/9781108686556
https://doi.org/10.1017/9781108686556
https://doi.org/10.1017/9781108686556
Zusammenfassung:The preliminary reference procedure has long been envisaged as a judicial dialogue between the European Court of Justice and national courts. However, in reality the relationship appears to be closer to one of growing separation rather than to a happy marriage between equal partners. This book tries to find out: what is behind this? A study of the existing literature, combined with a case law analysis and interviews with judges, has shown that there are a number of important stumble blocks hindering the communication between these courts, such as language barriers, time constraints, and a failing digital infrastructure. However, on a deeper level there also appears to be a lack of mutual trust that prevents Supreme Administrative Courts from using the possibilities the procedure provides, such as the opportunity to offer provisional answers to the Court of Justice and the use of requests for clarification by the latter
Beschreibung:Title from publisher's bibliographic system (viewed on 04 Dec 2019)
Why don't we talk? -- Dialogue as a concept -- Case law analysis
Umfang:1 Online-Ressource (xvii, 240 Seiten)
ISBN:9781108686556
DOI:10.1017/9781108686556