Horizontal Cooperation between National Courts in the EU: An Empirical Study

Uppsala Faculty of Law Working Paper 2013:3

36 Pages Posted: 15 Jun 2019

See all articles by Alexandra Molitorisova

Alexandra Molitorisova

University of Bayreuth, Faculty of Life Sciences; Masaryk University - Faculty of Law

Date Written: June 1, 2013

Abstract

This article focuses on the current state of horizontal judicial cooperation and provides an overall image of the working model of different professional judicial and legal associations and networks. Furthermore it touches on two distinct phenomena of jurisprudential judicial cooperation, namely participation on European law de- velopment and judicial use of other Member States courts’ case law, and tries to connect these aspects to the practical matters of judicial cooperation through the concept of mutual trust and judicial participation in the European integration. To look at given problems from the perspective of an independent observer, embodied by a judge at a lower level of judiciary structure who is not affiliated to any of the professional associations, can reflect the stalemate at which current horizontal judicial cooperation could freeze if professional judicial associations do not look to the vast possibilities that innovations in information and communication technology can offer. By taking this perspective I point out that improvement in external and internal communication of the associations and the creation of elaborated databases can render the position of professional networks stronger and more effective and foster jurisprudential judicial cooperation which has been until now pushed aside in the reinforcement of the area of freedom, security and justice.

Keywords: judicial cooperation, EU, judicial networks

Suggested Citation

Molitorisová, Alexandra, Horizontal Cooperation between National Courts in the EU: An Empirical Study (June 1, 2013). Uppsala Faculty of Law Working Paper 2013:3, Available at SSRN: https://ssrn.com/abstract=3399033 or http://dx.doi.org/10.2139/ssrn.3399033

Alexandra Molitorisová (Contact Author)

University of Bayreuth, Faculty of Life Sciences ( email )

Masaryk University - Faculty of Law ( email )

Veveri 70
Brno, 61180
Czech Republic

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