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

Abstract

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

Suggested Citation

Martinico, Giuseppe, Preliminary Reference and Constitutional Courts: Are You in the Mood for Dialogue? (October 6, 2009). Tilburg Institute of Comparative and Transnational Law Working Paper No. 2009/10, Available at SSRN: https://ssrn.com/abstract=1483664 or http://dx.doi.org/10.2139/ssrn.1483664

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)

HOME PAGE: http://www.stals.sssup.it/site/?q=node/15

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