Results 1 to 10 of about 858,613 (203)

Application of the EAEU law by national courts and development of judicial dialogue

open access: yesПравоприменение, 2022
The subject. This article examines the dialogue between the EAEU Court and national courts, on the one hand, as the application by national courts of the court of the integration organization, on the other hand, – as a recourse by the supranational court
E. B. Diyachenko
doaj   +2 more sources

Constitutional judicial dialogue: international standards and judicial practice

open access: yesКонституційно-правові академічні студії
Dialogue between courts is a mechanism for improving modern constitutional jurisdiction. The growth of information in this century has led to complex conflicts, making it difficult to provide a constitutional response solely based on the internal ...
Andriy Vatamaniuk
doaj   +2 more sources

Interpreting Law Through International Judicial Dialogue by Polish Courts

open access: yesBratislava Law Review, 2020
International judicial dialogue is a new method of law interpretation that gains popularity in analyses of legal scholars and still raises a lot of doubts both on its existence as well as its definition.
Magdalena Matusiak-Frącczak
doaj   +4 more sources

JUDICIAL DIALOGUE IN THE LIGHT OF PROTOCOL NO. 16 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS

open access: yesZbornik Pravnog Fakulteta Sveučilišta u Rijeci, 2019
The authors discuss legal nature of the Protocol No. 16 to the European Convention on Human Rights (ECHR) which entered into force on 1 August 2018.
Bruna Žuber, Špela Lovšin
doaj   +2 more sources

How to Continue a Meaningful Judicial Dialogue About EU Law? From the Conditions in the CILFIT Judgment to the Creation of a New European Legal Culture

open access: yesUtrecht Journal of International and European Law, 2018
The aim of this article is to better understand the conditions outlined in the 'CILFIT' judgment and their role in creating a meaningful dialogue about European Union law. For these purposes two distinct views on the relation between language and meaning
Jacobien van Dorp, Pauline Phoa
doaj   +2 more sources

The judicial dialogue between the European Court of Justice and the European Court of Human Rights

open access: yesRevista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2023
Despite the evolution, recognizing fundamental rights on a case-by-case basis, the CJEU failed, however, to develop a complete system of fundamental rights protection, covering all areas of Community law and, subsequently, EU actions. Furthermore, due to
Daniela Pîrvu
semanticscholar   +1 more source

Diffusing the legal conceptions of the global south and decolonizing international law: crystallizing animal rights through inter-judicial dialogue

open access: yesFrontiers in Animal Science, 2023
Global environmental law is characterized by Eurocentric cultural paradigms that perceive humanity as external and superior to Nature. This supremacy over Nature reflects a legacy of Western colonial domination.
Catherine Hall
semanticscholar   +1 more source

Missed Communications and Miscommunications: International Courts, the Fragmentation of International Law and Judicial Dialogue

open access: yesGöttingen Journal of International Law, 2022
The increase in the number of international judicial bodies has led to different international courts deciding similar issues of international law. There is the real possibility that these international judicial bodies, not subject to the supervision of
Francis Maxwell
doaj   +1 more source

The paradox of judicial dialogue with the European Court of Justice in an illiberal democracy: The recent experience with the Hungarian Constitutional Cour

open access: yesRevista de Derecho Comunitario Europeo, 2022
El crecimiento de formas nacionales populistas de gobierno en algunos Estados miembros de la UE ha provocado un marcado deterioro del respeto por la democracia y el Estado de derecho. Las acciones de estos gobiernos iliberales han llevado a la captura de
A. Tatham
semanticscholar   +1 more source

Judicial Dialogue in Social Media Cases in Europe: Exploring the Role of Peers in Judicial Adjudication

open access: yesGerman Law Journal, 2021
This Article aims to examine the social media jurisprudence of national courts in a selected set of EU Member States by focusing on judicial dialogue specifically via references to the case law of other courts. Do judges in social media cases engage with
E. Psychogiopoulou
semanticscholar   +1 more source

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