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Spirit, Are You There? Reinforced Judicial Dialogue and the Preliminary Ruling Procedure

Authors: Xavier Groussot;

Spirit, Are You There? Reinforced Judicial Dialogue and the Preliminary Ruling Procedure

Abstract

In the Nineties, the existence of a "spirit of cooperation" between the Court of Justice and the national courts was thoroughly discussed by the doctrine in the light of the preliminary ruling procedure and the requirements of admissibility. But what is the situation nowadays? Is the spirit still there? Is it still the same? And if yes, is it stronger? This article examines the extent of this cooperation having in mind the Lisbon Treaty, the resolution of the European Parliament on the role of the national courts in the European judicial system (July 2008) and the recent Court of Justice case law. Also, it has the ambition to put the issue into the theoretical and more general context of discursive legal pluralism.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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