Bulletin n. 1/2016
June 2016
INDICE
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Paolo Mengozzi
    A European Partnership of Courts. Judicial Dialogue between the EU Court of Justice and National Constitutional Courts
    in Diritto dell'Unione europea , No. 3 ,  2015 ,  701-720
    As illustrated by the recent requests for a preliminary ruling from the Italian and German Constitutional Courts (see, for this latter, the Gauweiler case), the Member State's Constitutional Courts have entered into a direct dialogue with the Court of Justice. This evolution should be welcomed. However, within the framework of Art. 267 TFEU, this dialogue must be based upon mutual trust. Consequently, the Constitutional Courts, should fully acknowledge the jurisdiction of the Court of Justice. This would enable the Court of Justice to take into account more accurately their worries, in particular concerning possible encroachments by the EU institutions upon the Member States' competences (ultra vires control) and the respect of Member States' constitutional identity. In this way, Art. 267 TFEU would fully play a pacifying role in the relationship between these courts.
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