The Hidden Dialogue: When Judicial Competitors Collaborate

Global Jurist Advances, Vol. 8, No. 3, 2008

Posted: 26 Dec 2008 Last revised: 21 Aug 2009

See all articles by Filippo Fontanelli

Filippo Fontanelli

University of Edinburgh - School of Law

Giuseppe Martinico

Scuola Superiore Sant'Anna di Pisa

Date Written: December 24, 2008

Abstract

Legal scholars have regularly focused on the conflict episodes between the Court of Justice and national constitutional courts. We try instead to investigate the techniques that both the Court of Justice and its national counterparts use to develop a hidden judicial dialogue, through which a non-legally bound harmonization is pursued, and mostly achieved. Moreover, we understand these strategies in the light of the notion of comity, and we compare the opposite attitudes kept by the Court of Justice towards national courts and international tribunals to describe its shifting attitude, which is due to its interest in preserving a pre-eminent position in the interpretive competition over EC law.

Keywords: hidden dialogue, European Court of Justice, Constitutional Courts

Suggested Citation

Fontanelli, Filippo and Martinico, Giuseppe, The Hidden Dialogue: When Judicial Competitors Collaborate (December 24, 2008). Global Jurist Advances, Vol. 8, No. 3, 2008, Available at SSRN: https://ssrn.com/abstract=1320209

Filippo Fontanelli

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

Giuseppe Martinico (Contact Author)

Scuola Superiore Sant'Anna di Pisa ( email )

Biblioteca Scuola Superiore Sant'Anna
Piazza Martiri della Liberta, n. 33
Pisa, 56127
Italy
(+39)3494441388 (Phone)

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