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5 - Trust and Dialogue

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

Drawing up the balance from the literature, case law, and interviews, one must conclude the communication between courts in the preliminary reference procedure does not represent a dialogue going (much) beyond one side asking questions, while the other side tries to answers them. Procedural mechanisms in the procedure that could enhance cooperation and communication are scarcely used to facilitate co-actorship. There are not only practical reasons for this. The lack of dialogue also partly results from a lack of faith in each other’s competence, reliability, and intentions. CJEU judges sometimes lack faith in the competence and reliability of national highest courts and do not seem to believe in the idea that national highest courts could actually provide an authoritative opinion about the correct interpretation or validity of EU law. Judges from Supreme Administrative Courts, on the other hand, are sometimes frustrated that the CJEU does not seem willing to listen to their explanation of the facts of a case, to their concerns about the potential consequences of preliminary rulings and to their views on how EU law should be interpreted. Few judges, however, seem to feel the need to openly express their discomfort, because it could also make things worse.

Type
Chapter
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In the Court We Trust
Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts
, pp. 145 - 199
Publisher: Cambridge University Press
Print publication year: 2019

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  • Trust and Dialogue
  • 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/10.1017/9781108686556.007
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  • Trust and Dialogue
  • 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/10.1017/9781108686556.007
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.

  • Trust and Dialogue
  • 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/10.1017/9781108686556.007
Available formats
×