It Takes Two to Tango: An Introduction

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Table of Contents: I. Introduction. – II. Evolving legal questions surrounding Art. 267 TFEU. – III. Stocktaking: the procedure under pressure? – IV. Contributing to the academic debate. – V. Overview of the Special Section. – V.1. Factors and motives to refer. – V.2. Quality of Court of Justice answers and dialogue. – V.3. Implementation of Court...

No Preliminary References from Dutch Overseas Judges: Is It Tambu or Tumba Dancing with the Court of Justice?

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Table of Contents: I. Introduction. – II. Study design and research method. – III. Dutch Caribbean case law and legislation concerning EU law. – IV. OCT judge opinions on preliminary reference. – V. Conclusion.

Abstract: Under EU law, parts of several Member States are characterised as Overseas...

Lawyering Eurolaw: An Empirical Exploration into the Practice of Preliminary References

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Table of Contents: I. Introduction. – II. A European opportunity structure. – III. Lawyers and references: an unexpected task. – III.1. Allocating resources. – III.2. Going to Luxembourg. – III.3. Legal aid and references. – III.4. Lawyers’ motivation. – III.5. The “language” of EU law. – III.6. The significance of the hearing. – III.7. The ways of...

Judicial Hierarchy in the Preliminary Ruling Procedure: Exploring the Relationship Between the First and Second Instance Courts

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Table of Contents: I. Introduction. – II. Debates on cross-court divergences. – II.1. Legal explanation. – II.2. Judicial empowerment and Court competition. – II.3. The role of the judicial organisation. – III. Judicial organisation and the team model. – IV. Data and methodology. – V. Results – V.1. Fact-finding v. law-finding specialisation. – V.2...

Irish Courts and the European Court of Justice: Explaining the Surprising Move from an Island Mentality to Enthusiastic Engagement

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Table of Contents: I. Introduction. – II. Research design and literature overview. – III. Legal explanations. – III.1. A stricter application of Cilfit by the Supreme Court. – III.2. The Court of Appeal: a de facto court of final appeal applying Cilfit. – IV. A generational change in knowledge and mentality. – V. Increased...

Defending the Rule of Law or Reality Based Self-defense? A New Polish Chapter in the Story of Judicial Cooperation in the EU

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Table of Contents: I. Introduction. – II. Theoretical framework: why national judges participate in judicial dialogue with the CJEU. – III. Judiciary reforms in Poland 2017-2018: a brief overview. – IV. Preliminary questions as reaction of Polish courts to the judiciary reforms. – V. Defending the rule of law or reality based self-defense...

Active or Passive: The National Judges’ Expression of Opinions in the Preliminary Reference Procedure

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Table of Contents: I. Introduction. – II. National court opinion in the preliminary reference procedure. – III. Methods and material. – IV. Results. – IV.1. Active courts: motivations for expression opinions. – IV.2. Passive courts: motivations for not expressing opinions. – V. Passive high court judges? – VI. Concluding discussion....

The Conference on the Future of Europe and EU Reform: Limits of Differentiated Integration

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Abstract: There is considerable uncertainty about the outcome of the planned Conference on the Future of Europe, especially regarding possible treaty change. This contribution to the Dialogue comments on the possibility of an intergovernmental agreement outside the EU treaty framework on the basis of theoretical and empirical knowledge...

Neither Representation nor Taxation? Or, “Europe’s Moment” – Part I

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The philosophical implication of the abused formula “no taxation without representation”, or, in medieval terms “nullum scutagium nisi per commune consilium” can hardly be overshadowed. It underlies a conception of social organisation which departs from the Hobbesian paradigm, based on the unconditioned devolution to an absolute sovereign of all the prerogatives...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo