[图书][B] National courts and preliminary references to the Court of Justice

J Krommendijk - 2021 - library.oapen.org
This book has attempted to answer four questions relating to the different phases in the
interaction between national courts and the ECJ in the context of the preliminary ruling …

[图书][B] The ghostwriters: lawyers and the politics behind the judicial construction of Europe

T Pavone - 2022 - books.google.com
The European Union is often depicted as a cradle of judicial activism and a polity built by
courts. Tommaso Pavone shows how this judge-centric narrative conceals a crucial arena …

Unleashed dialogue or captured by politics? The impact of judicial independence on national higher courts' cooperation with the CJEU

JA Mayoral, M Wind - Journal of European Public Policy, 2022 - Taylor & Francis
Though the EU is a rule of law community it struggles to make all Member States engage
fully in upholding its laws and values. Some issues have to do with concrete violations …

Decoding judicial cross-citations: how do European judges engage with foreign case law?

F De Witte, A Krisztián, J Kukavica… - … American Journal of …, 2024 - academic.oup.com
How do judges engage with foreign case law? While prior research has identified some
instances of courts willing to cite foreign judgments, details about the mode of engagement …

Leveling and Spotlighting: How International Courts Refract Private Litigation to Build Institutional Legitimacy

SS Hermansen, T Pavone… - Available at SSRN …, 2023 - papers.ssrn.com
Private actors are increasingly turning to international courts (ICs). We argue that ICs can
refract private litigation to build legitimacy and mitigate intergovernmental backlash. By …

From a potentially powerful to a polarised court: the emergence of dissenting opinions on the Croatian Constitutional Court

M Glavina - European Politics and Society, 2024 - Taylor & Francis
One of the most important aspects of making the 1990 Croatian Constitutional Court was the
'establishment of an independent and potentially powerful'court. For the first time since 1963 …

Raising the bar: The development of docket control on the court of justice

A Dyevre, M Glavina, M Ovádek - ZOR, 2021 - HeinOnline
We examine the emergence and evolution of docket control mechanisms in the preliminary
ruling procedure. Using both legal and statistical analysis, we show that reasoned orders …

Referrals

B Bricker, CJ Carrubba, MJ Gabel - 2023 - academic.oup.com
This chapter discusses and provides a thorough review of scholarship on judicial referrals.
The scholarship on referrals has grown tremendously in the twenty-first century, with most of …

National Courts Proposing Answers to the Questions Referred for Preliminary Ruling

D Petrić - ZEuS Zeitschrift für Europarechtliche Studien, 2024 - nomos-elibrary.de
In the preliminary ruling procedure under Article 267 TFEU, national courts refer questions of
interpretation of EU law to the Court of Justice of the EU. At times, national courts not only …

The End of History in EU Law and Politics? Challenging Founding Narratives with a New Research Agenda

S Cheruvu, T Pavone - … Founding Narratives with a New Research …, 2023 - papers.ssrn.com
We reassess two foundational narratives of European legal integration that appeared to
corroborate “end of history” claims in post-Cold War international and comparative politics …