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1 - Why Don’t We Talk?

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 is setting the scene for the research. It starts from the astonishment that on the one hand the CJEU time and again underlines the dialogical nature of the preliminary reference procedure, while there are very view visible signs of an actual exchange of views and preparedness to share responsibility. What does this mean? Is there actually a judicial dialogue between the CJEU and highest administrative and, if not, why would the latter accept that their relationship is presented in terms of a shared responsibility and mutual cooperation? Answers to these questions are sought through a study of the literature on judicial law making, a case law analysis and interviews with judges. To this end we analytically split the research up in three phases: interaction before a preliminary question is submitted, during the procedure in Luxembourg and after the CJEU has ruled. Moreover, we explain why the focus lies on “regular” Supreme (Administrative) Courts instead of constitutional courts, which have dominated the debate on judicial dialogues so far.

Type
Chapter
Information
In the Court We Trust
Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts
, pp. 1 - 21
Publisher: Cambridge University Press
Print publication year: 2019

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  • Why Don’t We Talk?
  • 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/10.1017/9781108686556.003
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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.

  • Why Don’t We Talk?
  • 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/10.1017/9781108686556.003
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.

  • Why Don’t We Talk?
  • 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/10.1017/9781108686556.003
Available formats
×