Constitutional Conversations in Europe

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 volume provides a critical examination of the normative, empirical and contextual aspects of such judicial conversations. I between the CJEU and constitutional courts.
Author(s):
Monica Claes, Maartje de Visser, Patricia Popelier, Catherine Van de Heyning
Series:
Ius Commune Europaeum
Volume:
107
book | published | 1st edition
November 2012 | xiv + 400 pp.

Paperback
€95.-


ISBN 9781780680699


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Details

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.

Chapters

Table of Contents (p. 0)

Introduction: On constitutional conversations (p. 1)

PART I. NORMATIVE PERSPECTIVES ON CONSTITUTIONAL CONVERSATIONS

Chapter 1. Half a Case at a Time: Dealing with Judicial Minimalism at the European Court of Justice (p. 11)

Chapter 2. 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 (p. 41)

PART II. MODALITIES OF CONVERSATIONS BETWEEN CONSTITUTIONAL COURTS AND THE EUROPEAN COURTS

Chapter 3. Judicial Conversations in Multilevel Constitutionalism. The Belgian Case (p. 71)

Chapter 4. The Italian Constitutional Court and the European Court of Justice: a Progressive Overlapping between the Supranational and the Domestic Dimensions (p. 101)

Chapter 5. The Czech Constitutional Court and the Court of Justice: Between Fascination and Securing Autonomy (p. 131)

Chapter 6. Mutual Recognition and Fundamental Constitutional Rights. The first preliminary reference of the Spanish Constitutional Court (p. 161)

PART III. THE CONTENT OF CONVERSATIONS BETWEEN CONSTITUTIONAL COURTS AND THE EUROPEAN COURT OF JUSTICE

Chapter 7. The European Perspective: from lingua franca to a common language (p. 179)

Chapter 8. Negotiating Constitutional Identity or Whose Identity is It Anyway? (p. 205)

Chapter 9. Attack or Retreat? Evolving Themes and Strategies of the Judicial Dialogue between the German Constitutional Court and the European Court of Justice (p. 235)

Chapter 10. The French Constitutional Council and the CJEU: between splendid isolation, communication and forced dialogue (p. 251)

Chapter 11. Sending Smoke Signals to Luxembourg – The Polish Constitutional Tribunal in Dialogue with the ECJ (p. 267)

PART IV. EXPANDING THE CONVERSATION: THE INFLUENCE OF THE EUROPEAN MANDATE OF ORDINARY COURTS

Chapter 12. The Impact of the European Mandate of Ordinary Courts on the Position of Constitutional Courts (p. 285)

Chapter 13. The Melki Way: The Melki Case and Everything You Always Wanted to Know About French Judicial Politics (but Were Afraid to Ask) (p. 309)

Chapter 14. The Protection of Fundamental Rights by the Belgian Constitutional Court and the Melki-Abdeli Judgment of the European Court of Justice (p. 323)

Chapter 15. Changing the Conversation in the Netherlands? Two Recent Legislative Proposals Evaluated from a European and Comparative Perspective (p. 343)

PART V. ‘THE OTHER EUROPE’: A CONVERSATIONAL PERSPECTIVE ON THE EUROPEAN COURT OF HUMAN RIGHTS

Chapter 16. The Pilot Judgment Procedure Before the European Court of Human Rights as an Instrument for Dialogue (p. 369)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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