Results 11 to 20 of about 858,712 (302)

Normative Approach to the Interplay between the CCC and the CJEU/ECtHR : Judicial Dialogue or a Dictate?

Law, Identity and Values, 2022
The article aims to identify the rules governing the mutual relationships among the European Court of Human Rights, the Court of Justice, the constitutional courts of EU's Member States, and the EFTA Court.
David Sehnálek
semanticscholar   +1 more source

Lower Instance National Courts and Tribunals in Member States and Their Judicial Dialogue with the Court of Justice of the European Union

Nordic journal of european law, 2021
The vast majority of cases that are submitted to the Court of Justice of the European Union (the Court) through the preliminary reference procedure that is contained in Article 267 TFEU come from lower instance national courts and tribunals in EU Member ...
G. Butler
semanticscholar   +1 more source

The law and facts of the preliminary reference procedure: a critical assessment of the EU Court of Justice’s source of knowledge

European Law Open, 2023
The preliminary reference procedure is today the ‘infringement procedure of the European citizen’. Although it was initially designed as a mechanism for judicial cooperation, the procedure soon became an instrument for supranational judicial review of ...
Virginia Passalacqua, Francesco Costamagna   +1 more
doaj   +1 more source

A transnational judicial public sphere as an idea and ideology: Critical reflections on judicial dialogue and its legitimizing potential

Global Constitutionalism, 2021
This article sheds a critical light on judicial dialogue when its purpose and meaning are taken beyond cross-fertilization and comparative reasoning. It cautions against a conceptualization of judicial dialogue as a means to foster commonalities between ...
Knut Traisbach
semanticscholar   +1 more source

In the Region of Middle Axioms: Judicial Dialogue as Wide Reflective Equilibrium and Mid-level Principles

Law and Philosophy, 2021
This article addresses the use of foreign law in constitutional adjudication. We draw on the ideas of wide reflective equilibrium and public reason in order to defend an engagement model of comparative adjudication.
J. J. Moreso, Chiara Valentini
semanticscholar   +1 more source

Defending the Rule of Law or Reality Based Self-defense? A New Polish Chapter in the Story of Judicial Cooperation in the EU

European Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 851-869 | Article | (Table of Contents) I. Introduction. - II. Theoretical framework: why national judges participate in judicial dialogue with the CJEU. - III. Judiciary
Urszula Jaremba
doaj   +1 more source

Dialog między regionalnymi trybunałami praw człowieka

Studia Prawa Publicznego, 2021
The multiplicity of international judicial authorities makes their mutual interactions a challenge. In recent years, three regional human rights courts, with the competence to hear casus of violations of human rights protected by international law, have
Anna Dąbrowska
doaj   +1 more source

coordination through judicial dialogue [PDF]

, 2019
International courts regularly cite each other, in part as a means of building legitimacy. Such international, cross-court use of precedent (or “judicial dialogue”) among the regional human rights courts and the Human Rights Committee has an additional ...
Sandholtz, Wayne
core   +1 more source

Constitutional elements of the Global Network

Estudios de Deusto, 2014
The main thesis sustained in the paper is that judicial dialogue is a new concept/category that may solve some problems arising in situations of constitutional pluralism.
Rafael Bustos Gisbert
doaj   +1 more source

Ukrainian Courts in Dialogue on International Law [PDF]

, 2017
The monograph is a result of the project nr 10-ECRP-028 International Law through the National Prism: the Impact of Judicial Dialogue The research is based on laws being in force on 2nd August ...
Kolisnyk, Ivanna
core   +1 more source