ISBN: 978-606-28-0335-3
DOI: https://doi.org/10.5682/9786062803353
Publisher year: 2015
Edition: I
Pages: 410
Publisher: Editura Universitara
Author: Dragos Calin - Coordonator
Dreptul Uniunii Europene si tribunalele constituţionale ale statelor membre. Interviuri
DownloadInterviews conducted by Dragos Calin
Translations by Mihai Banu, Amelia Paula Chirtes, Adnana Popescu and Dragos Calin
Currently, one of the most interesting approaches, jurisprudential and doctrinal, involving the activity of the constitutional courts of the Member States of the European Union, concerns the mechanisms of cooperation with the Court of Justice of the European Union (hereinafter "CJEU"), especially through the changes introduced. The Treaty of Lisbon did not create a European "superstate" or a functional federalism. Moreover, the application by the CJEU of the Charter of Fundamental Rights of the European Union, an additional guarantee enjoyed by the citizens of the Member States of the European Union, can lead to limiting the effects of the decisions of the constitutional courts, precisely through the effects of European Union law.
This project, carried out in the first half of 2015, includes the answers of established professors and judges and can help the reader to better understand the certainties or unknowns of an endless process of judicial negotiation, in which possible conflicts of jurisdiction can be resolved, the little in the current context, either through the application of European Union law, as interpreted by the CJEU, despite the decisions of the constitutional courts, or through a much more intense judicial dialogue between the constitutional courts and the CJEU, in which preliminary references will play a special role. important.
The volume is a challenge, both for those surveyed and for the specialized public, especially practitioners and doctrinaires, but also for students, being a serious source of inspiration for future solutions of some constitutional courts, including possible preliminary references to the Court of Justice. Justice of the European Union, in the context of the development of a confident dialogue between jurisdictions, characterized by the exchange of arguments and interpretations.
Many thanks to the professors and judges Anneli Albi, Leonard Besselink, Chahira Boutayeb, Gráinne de Búrca, Laurence Burgorgue-Larsen, Ninon Colneric, Oliver Dörr, Péter Kovács, Kristīne Krūma, Gertrude Lübbe-Mathff, C. Mayer, Rostane Mehdi, François-Xavier Millet, Francisco Pereira Coutinho, Janne Salminen, Andreas Vosskuhle, Joseph HH Weiler and Peter G. Xuereb, who accepted the interviews, Mr. Rares Kerekes, whose landscape made in Sighisoara, Romania, in the summer of 2012, is the cover of the volume, Mrs. Irina Alexe and my colleagues from ARDAE (Romanian Law and Business Association Mihai Banu, Roxana Maria Calin, Amelia Paula Chirtes, Adnana Popescu and Mihai Sandru, who offered suggestions and were very seriously involved in translating and revising texts in Romanian, as well as Mr. Vasile Muscalu and the University Publishing House, who made possible the publication of the paper and its free circulation in electronic format.
Dragos Calin
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