The aim of this paper is to focus on that particular form of judicial conversation represented by what I have endeavoured to call the techniques of 'hidden dialogue' between the European Court of Justice (ECJ) and the national Constitutional Courts. By 'hidden dialogue' I refer to that unexplored side of the relationship between the Constitutional Courts and the ECJ which feeds on somewhat unorthodox avenues of judicial communication, that is, methods of judicial communication other than the preliminary ruling procedure set out in Article 234 of the EC Treaty (ECT) (Article 267 TFEU) which are not formalised according to the letter of the treaties.
Friday, October 1, 2010
Martinico: Judging in the Multilevel Legal Order: Exploring the Techniques of 'Hidden Dialogue'
Giuseppe Martinico (European Univ. Institute) has posted Judging in the Multilevel Legal Order: Exploring the Techniques of 'Hidden Dialogue' (King's Law Journal, Vol. 21, pp. 257-281, 2010). Here's the abstract: