Preliminary Reference and Constitutional Courts: Are You in the Mood for Dialogue?
Tilburg Institute of Comparative and Transnational Law Working Paper No. 2009/10
29 Pages Posted: 7 Oct 2009 Last revised: 4 Oct 2011
Date Written: October 6, 2009
This article aims at describing the new trends in the relationship between the ECJ and Constitutional Courts. From a situation characterized by the reluctance by the latter to raise preliminary references to the former, we moved to a context where Constitutional Courts accept the mechanism of art. 234 ECT. After trying to identify the main reasons for this strategy-change, the article explains why one ought to consider this situation as a temporary truce rather than the beginning of a stable cooperation.
Keywords: Constitutional Courts, European Court of Justice, preliminary ruling, constituzionalization
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