Constitutional conversations in Europe : actors, topics and procedures
- Cambridge : Intersentia : Metro, 
- Copyright notice
- Physical description
- xiii, 399 pages ; 24 cm.
- Ius commune europaeum 107.
KJE5461 .C664 2012
- Unknown KJE5461 .C664 2012
- Includes bibliographical references.
- Introduction: On constitutional conversations / Monica Claes, Maartije de Visser, Patricia Popelier and Catherine van de Heyning
- Half a case at a time: dealing with judicial minimalism at the European Court of Justice / Daniel Sarmiento
- An essay on how the discourse on sovereignty and on the co-operativeness of national courts has diverted attention from the erosion of classic constitutional rights in the EU / Anneli Albi
- Judicial conversations in multilevel constitutionalism : the Belgian case / Patricia Popelier
- The Italian constitutional court and the European Court of Justice : a progressive overlapping between the supranational and the domestic dimensions / Oreste Pollicino
- The Czech constitutional court and the Court of Justice : between fascination and securing autonomy / Pavel Molek
- Mutual recognition and fundamental constitutional rights : the first preliminary reference of the Spanish constitutional court / Maribel González Pascual
- The European perspective : from lingua franca to a common language / Catherine Van de Heyning
- Negotiating constitutional identity or whose identity is it anyway? / Monica Claes
- Attack or retreat? : evolving themes and strategies of the judicial dialogue between the German constitutional court and the European Court of Justice / Daniel Thym
- The French constitutional council and the CJEU : between splendid isolation, communication and forced dialogue / François-Xavier Millet
- Sending smoke signals to Luxembourg : the Polish constitutional tribunal in dialogue with the ECJ / Krystyna Kowalik-Bańczyk
- The impact of the European mandate of ordinary courts on the position of constitutional courts / Michal Bobek
- The Melki way : the Melki case and everything you always wanted to know about French judicial politics (but were afraid to ask) / Arthur Dyevre
- The protection of fundamental rights by the Belgian constitutional court and the Melki-Abdeli judgment of the European Court of Justice / Jan Velaers
- Changing the conversation in the Netherlands? : two recent legislative proposals evaluated from a European and comparative perspective / Maartje de Visser
- The pilot judgment procedure before the European Court of Human Rights as an instrument for dialogue / Janeke Gerards.
- Publisher's Summary
- The relationship between national constitutional courts and the European Court of Justice (CJEU) is increasingly cast in terms of communication, understood as having a constructive connotation, and as an alternative to the prior and more destructive language of 'guerre des juges', conflict and revolt. This change in approach fits in the transformation of the wider conceptual framework within which the relationship between European and national legal orders is understood and the rise of the 'pluralist movement'. Judicial conversations between national constitutional courts and the CJEU offer a unique object for academic research on 'constitutional pluralism' and transnational relations in a new world order. This volume provides a critical examination of the normative, empirical and contextual aspects of such judicial conversations. It first addresses the appropriateness of conceiving as conversations the interactions between the CJEU and constitutional courts. This is followed by an exploration of the avenues for, and contents of, judicial engagements between both sets of courts. Lastly, the book focuses on the ordinary national courts and the European Court of Human Rights, as the other main judicial interlocutors of the CJEU and constitutional courts, from a conversational angle. This book makes a valuable contribution to the ongoing academic discourse on the relationship between the CJEU and national constitutional courts by explaining their current attitudes to transnational conversations and identifying potential catalysts for future changes.
(source: Nielsen Book Data)
- Publication date
- editors, Monica Claes, Maartje de Visser, Patricia Popelier, Catherine Van de Heyning.
- Ius commune europaeum ; 107