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6 - Conclusion and Future Scenarios

Published online by Cambridge University Press:  28 November 2019

Rob van Gestel
Affiliation:
Universiteit van Tilburg, The Netherlands
Jurgen de Poorter
Affiliation:
Universiteit van Tilburg, The Netherlands
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Summary

In this chapter the research question is answered but, more importantly, three scenarios as sketched concerning the way to move forward: cooperation, coordination, and collaboration. The cooperative scenario is an informal inter-organisational relationship lacking a common mission, structure or joint planning but focuses mostly on improving the current information exchange, for example, by the publication of more (translated) documents and enhancing current digital platforms. In the coordination scenario the CJEU and Supreme Administrative Courts are going to work together more actively to advance their separate, yet compatible missions to advance the working of the preliminary reference procedure via more formalized communication channels and a more active role for national courts, for example, as amicus curiae. In the third scenario, national Supreme Courts become European courts and not only from the receiving end. They will be given a more prominent role in filtering, synthesizing and distributing preliminary questions from lower courts and become decentralized EU courts dealing with most bulk cases that currently fill the docket of the CJEU. This would enable the Luxembourg court to develop into a real constitutional court of the EU with less attention for dispute resolution and more attention for judicial law making.

Type
Chapter
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In the Court We Trust
Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts
, pp. 200 - 230
Publisher: Cambridge University Press
Print publication year: 2019

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