Editura Universitara European Union law and the constitutional courts of the member states. Interviews

65,00 Lei 47,45 Lei

ISBN: 978-606-28-0335-3

DOI: https://doi.org/10.5682/9786062803353

Publisher year: 2015

Edition: I

Pages: 410

Publisher: Universitară

Author: Dragos Calin - Coordonator

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This project, conducted in the first half of 2015, comprises responses of some outstanding professors and judges, and can help the reader to grasp better some certainties and unknowns of an endless process of judicial negotiations, in which possible conflicts of jurisdiction may be resolved, at least in the current framework, either by application of European law, as interpreted by the CJEU, despite decisions of constitutional courts, or through a more intense judicial dialogue between constitutional courts and the Cl Eli, in which preliminary references will play a critically important role.

Warm thanks to the following Professors and Judges: Mrs Anneli Albi, Mr Leonard Besselink, Mrs Chahira Boutaveb, Mrs Grainne de BUrca, Mrs Laurence Burgorgue-Larsen, Mrs Ninon Colneric, Mr Oliver Darr, Mr Peter Kovacs, Mrs Kristine Krlima, Mrs Gertrude Lubbe-Wolff, Mr Bertrand Mathieu, Mr Franz C. Mayer, Mr Rostanc Mehdi, Mr Francois-Xavier Millet, Mr Francisco Pereira Coutinho, Mr Janne Salminen, Mr Andreas Vosskuhle, Mr Joseph H.H. Weiler and Mr Peter G. Xuereb, that agreed to give these interviews. 
Dragos Calin 

  • Dreptul Uniunii Europene si tribunalele constituţionale ale statelor membre. Interviuri

Dragos Calin - Coordinator
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 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.

Introductory word / 7
Anneli Albi / 13
Leonard Besselink / 35
Chahira Boutayeb / 49
Gráinne de Búrca / 85
Laurence Burgorgue ‑ Larsen / 93
Ninon Colneric / 103
Oliver Dörr / 153
Peter Kovacs / 167
Kristine Krűmaa / 183
Gertrude Lübbe ‑ Wolff / 207
Bertrand Mathieu / 221
Franz C. Mayer / 237
Rostane Mehdi / 257
François ‑ Xavier Millet / 307
Francisco Pereira Coutinho / 343
Janne Salminen / 359
Andreas Vosskuhle / 369
Joseph H.H. Weiler / 381
Peter G. Xuereb / 391
List of abbreviations and acronyms used / 408

Interviews 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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