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2 - Dialogue as a Concept

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

This chapter provides an overview of the debate on the idea of a judicial dialogue, in particular with regard to what this concept could mean for the preliminary reference procedure. It shows that ‘dialogue’ means different things in different contexts but almost never does there seem to be an actual exchange of ideas and opinions between courts about what is supposed to be a correct interpretation of the law. Sometimes courts are referring to each other’s case law to borrow arguments or study the impact of a certain choice of law in another jurisdiction but closer forms of cooperation and collaboration are quite rare. What most inter-judicial communications have in common, though, is a quest for legitimacy. This could also be the purpose of dialogue in the preliminary reference procedure (1) by offering input from national courts to the CJEU in order to come up with the best-reasoned interpretation of EU law; (2) by providing a platform for participation in the process of judicial law making for all the member of the interpretative community and( 3) thereby building a common identity between the EU and national legal orders which is necessary in a multilevel and pluralist legal order.

Type
Chapter
Information
In the Court We Trust
Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts
, pp. 22 - 58
Publisher: Cambridge University Press
Print publication year: 2019

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  • Dialogue as a Concept
  • Rob van Gestel, Universiteit van Tilburg, The Netherlands, Jurgen de Poorter, Universiteit van Tilburg, The Netherlands
  • Book: In the Court We Trust
  • Online publication: 28 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108686556.004
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To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

  • Dialogue as a Concept
  • Rob van Gestel, Universiteit van Tilburg, The Netherlands, Jurgen de Poorter, Universiteit van Tilburg, The Netherlands
  • Book: In the Court We Trust
  • Online publication: 28 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108686556.004
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • Dialogue as a Concept
  • Rob van Gestel, Universiteit van Tilburg, The Netherlands, Jurgen de Poorter, Universiteit van Tilburg, The Netherlands
  • Book: In the Court We Trust
  • Online publication: 28 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108686556.004
Available formats
×