In the Court We Trust: Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts

European Union Law

In the Court We Trust: Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts

Edited by Rob van Gestel · Jurgen de Poorter
Cambridge University Press December 2019

Specifications

ISBN-13
9781108481274
Publisher
Cambridge University Press
Publication
December 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Offers an explanation for the lack of collaboration between the European Court of Justice and national courts
Provides inside information on how judges from the CJEU and Supreme Administrative Courts interact
Combines a literature review with a case law analysis and interviews

Table of Contents

1. Why Don't We Talk?
2. Dialogue as a Concept
3. Case Law Analysis
4. Results from the Interviews
5. Trust and Dialogue
6. Conclusion and Future Scenarios
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