Judging in the Multilevel Legal Order: Exploring the Techniques of 'Hidden Dialogue'

King's Law Journal, Vol. 21, pp. 257-281, 2010

29 Pages Posted: 30 Sep 2010 Last revised: 4 Oct 2011

Date Written: September 29, 2010

Abstract

The aim of this paper is to focus on that particular form of judicial conversation represented by what I have endeavoured to call the techniques of 'hidden dialogue' between the European Court of Justice (ECJ) and the national Constitutional Courts. By 'hidden dialogue' I refer to that unexplored side of the relationship between the Constitutional Courts and the ECJ which feeds on somewhat unorthodox avenues of judicial communication, that is, methods of judicial communication other than the preliminary ruling procedure set out in Article 234 of the EC Treaty (ECT) (Article 267 TFEU) which are not formalised according to the letter of the treaties

Keywords: hidden dialogue, European Court of Justice, Constitutional Courts, preliminary ruling procedure

Suggested Citation

Martinico, Giuseppe, Judging in the Multilevel Legal Order: Exploring the Techniques of 'Hidden Dialogue' (September 29, 2010). King's Law Journal, Vol. 21, pp. 257-281, 2010. Available at SSRN: https://ssrn.com/abstract=1684483

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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