Editura Universitara Dialogue between Constitutional Courts and the Court of Justice of the European Union

-20%
50,00 Lei 40,00 Lei

ISBN: 978-606-28-0769-6

DOI: 10.5682/9786062807696

Publisher year: 2018

Edition: I

Pages: 396

Publisher: Universitară

Author: Dragos Calin

In stock
Stock limit
- +
Add to cart
Product Code: 9786062807696 Do you need help? 0745 200 718 / 0745 200 357
Add to wishlist Request information
  • Description
  • Download (1)
  • Authors
  • Content
  • More details
  • Where to find it
  • Reviews (0)
The book written by Judge Dragos CALIN highlights the need for dialogue between judges, especially in the context of the process of strengthening the cooperation of the states of the European Union (EU) in the field of justice. In fact, the whole work focuses on "dialogue" seen as part of the identity of justice because justice can not be achieved outside the dialogue.

Among the many forms of judges' dialogue, the author chose to address the issue of dialogue between constitutional courts and the Court of Justice of the European Union, a difficult issue to address, given the need to investigate thousands of decisions of constitutional courts of EU Member States and Court of Justice of the European Union.

Although the main task of constitutional courts is to verify the conformity of national law with the text of the fundamental law in each EU Member State, they have not been left out of Union law, European rules, binding on all national jurisdictions, being used mainly by constitutional courts, on the occasion of carrying out the constitutionality control, but also in the exercise of their other competencies.

Following a careful and thorough analysis, the author concludes that, despite an obvious process of jurisprudential and conceptual "cross-fertilization", constitutional courts no longer interpret national constitutional law in isolation, making comparisons with norms in other systems and taking into account jurisprudence of other similar courts. Also, despite multilevel cooperation, constitutional courts retain their constitutional prerogatives to defend the values ​​of constitutionalism, the state and statehood itself, sovereignty, national identity and the supremacy of the national constitution, and their dialogue with the Court of Justice. The justice of the European Union remains rather an indirect and forced one, with enough inappropriate reactions from both directions, which is observed especially regarding the preliminary references formulated by the constitutional courts.

If the dialogue of judges in constitutional courts with those of the Court of Justice of the European Union leads to a process of spreading and assimilating common democratic constitutional values ​​throughout the EU, the refusal of dialogue may lead to different and sometimes contrary interpretations of European legal norms. this does not benefit either party.

On this effect of non-cooperation, the author raises an alarm stating that the lack of dialogue between judges risks changing the fragile compromise between EU member states regarding the achievement of a unitary and coherent European justice.

All these directions enunciated in the paper represent complex challenges, both from a theoretical and practical point of view for any reader, and the importance of the treated field and the general interest for such a topic are sufficient motivations to consider Judge Dragos CALIN's book as a reference. for all those who want to understand and deepen the justice achieved at EU level.




 
Prof. univ. Dr. Stefan DEACONU
  • Dialogul dintre Tribunalele Constitutionale si Curtea de Justitie a Uniunii Europene

    Download
Dragos Calin

Judge at the Bucharest Court of Appeal, trainer of the National Institute of Magistracy for continuous professional training European Union law, international judicial cooperation in civil and commercial matters, labor law and social insurance law; associate scientific researcher of the Institute of Legal Research of the Romanian Academy - Center for European Law Studies, director of the Forum of Judges, member of the scientific college of the journal Jurisclasor ECHR, co-editor of the journal iaduer.ro - European Legal Affairs, founding member and co-president Romanian Judges Forum Association (2007-present), member of the GEMME Europe Board of Directors (May 2010-present), vice-president of GEMME Europe - European Grouping of Magistrates for Mediation (May 2010-May 2012), founding member of CIMJ International Conference on Mediation for Justice), October 2009, Paris

Preface / 9

Thanks / 11

List of main abbreviations / 13

Introduction / 17

Chapter I
The relationship between the national legal order and the legal order of the European Union / 23


Section 1
Legal order / 23
1.1. Notion / 23
1.2. National legal order and international legal order / 24


Section 2 ‑ a
Legal order of the European Union / 26
2.1. Notion, sources, principles / 26
2.2. Priority of European Union law / 31
2.2.1. Doctrinal aspects / 31
2.2.2. Absolute and unconditional priority / 34

Section 3 ‑ a
Acceptance of European Union law in the legal order of the Member States / 45
3.1. Monism / 45
3.2. Dualism / 59
3.3. Pluralism / 78
3.4. The usefulness of the option for monism, dualism or pluralism / 80

Chapter II
Application of the rules of European Union law by the constitutional courts of the Member States / 84


Section 1
Constitutional control in the member states of the European Union. Models of jurisdictions / 84

Section 2 ‑ a
The use by the constitutional courts of some norms of law of the European Union (treaties, regulations, Charter of fundamental rights of the European Union) / 932.1.
Introductory considerations / 93
2.2. The use of some norms of European Union law on the occasion of the constitutionality control / 102
2.3. The use of some norms of European Union law in the exercise of other competences of the constitutional courts / 122

Section 3 ‑ a
Constitutional control of internal norms for transposition of directives / 127

Section 4 ‑ a
The need to comply with a national law with both the Constitution and the law of the European Union / 152

Section 5 ‑ a
Trends in the use of European Union law by the constitutional courts of the Member States / 159

Chapter III
Dialogue between the constitutional courts and the Court of Justice of the European Union / 161


Section 1
Introductory considerations / 161
1.1. Dialogue of judges / 161
1.2. The role of the Court of Justice of the European Union in ensuring the priority of European Union law / 171

Section 2 ‑ a
Use of the jurisprudence of the Court of Justice of the European Union by the constitutional courts / 178
2.1. Use of the jurisprudence of the Court of Justice of the European Union on the occasion of carrying out the constitutionality control / 178
2.2. Use of the jurisprudence of the Court of Justice of the European Union in the exercise of other powers of the constitutional courts / 192
2.3. Consequences. Cross ‑ fertilization process / 194

Section 3 ‑ a
Constitutional courts and the procedure of preliminary reference to the Court of Justice of the European Union / 197
3.1. Reference for a preliminary ruling to the Court of Justice of the European Union / 197
3.1.1. Notion / 197
3.1.2. Preliminary referral procedure / 199
3.1.3. "Courts" empowered to make a preliminary reference / 207
3.1.4. Purpose of the preliminary reference. Consequences / 212
3.2. Refusal of some constitutional courts to approve requests for a preliminary ruling / 218
3.3. Constitutional courts that have made preliminary references. Extreme ratio or a common tool for cooperation? / 229
3.4. The usefulness of the preliminary reference procedure for constitutional courts. Risks and challenges / 262

Chapter IV
Conclusions and proposals / 269


Bibliography / 283
Annex I. Table with preliminary references made by the constitutional courts / 336
Annex II. Table with the decisions of the Court of Justice of the European Union quoted by the Constitutional Court of Romania / 347

Abstract
The Dialogue between Constitutional Courts and the Court of Justice of the European Union / 380

The book written by Judge Dragos CALIN highlights the need for dialogue between judges, especially in the context of the process of strengthening the cooperation of the states of the European Union (EU) in the field of justice. In fact, the whole work focuses on "dialogue" seen as part of the identity of justice because justice can not be achieved outside the dialogue.

Among the many forms of judges' dialogue, the author chose to address the issue of dialogue between constitutional courts and the Court of Justice of the European Union, a difficult issue to address, given the need to investigate thousands of decisions of constitutional courts of EU Member States and Court of Justice of the European Union.

Although the main task of constitutional courts is to verify the conformity of national law with the text of the fundamental law in each EU Member State, they have not been left out of Union law, European rules, binding on all national jurisdictions, being used mainly by constitutional courts, on the occasion of carrying out the constitutionality control, but also in the exercise of their other competencies.

Following a careful and thorough analysis, the author concludes that, despite an obvious process of jurisprudential and conceptual "cross-fertilization", constitutional courts no longer interpret national constitutional law in isolation, making comparisons with norms in other systems and taking into account jurisprudence of other similar courts. Also, despite multilevel cooperation, constitutional courts retain their constitutional prerogatives to defend the values ​​of constitutionalism, the state and statehood itself, sovereignty, national identity and the supremacy of the national constitution, and their dialogue with the Court of Justice. The justice of the European Union remains rather an indirect and forced one, with enough inappropriate reactions from both directions, which is observed especially regarding the preliminary references formulated by the constitutional courts.

If the dialogue of judges in constitutional courts with those of the Court of Justice of the European Union leads to a process of spreading and assimilating common democratic constitutional values ​​throughout the EU, the refusal of dialogue may lead to different and sometimes contrary interpretations of European legal norms. this does not benefit either party.

On this effect of non-cooperation, the author raises an alarm stating that the lack of dialogue between judges risks changing the fragile compromise between EU member states regarding the achievement of a unitary and coherent European justice.

All these directions enunciated in the paper represent complex challenges, both from a theoretical and practical point of view for any reader, and the importance of the treated field and the general interest for such a topic are sufficient motivations to consider Judge Dragos CALIN's book as a reference. for all those who want to understand and deepen the justice achieved at EU level.




 

Prof. univ. Dr. Stefan DEACONU

www.editurauniversitara.ro

If you want to express your opinion about this product you can add a review.

write a review


The review was sent successfully.

Customer Support Monday - Friday, between 8.00 - 16.00

0745 200 718 0745 200 357 comenzi@editurauniversitara.ro
close

Compare

You must add at least one product to compare products.

close

Was added to wishlist!

Was removed from wishlist!