Judicial Dialogue

Judicial dialogue is one of the pressing phenomena in contemporary EU law and constitutional law. It is a device of judicial policy-making and networking and an instrument for policy coordination and negotiation between the national, international and supranational legal orders. Judicial dialogue is also tipping point of the influence of courts on multilevel constitutional politics in the context of global constitutional (dis)order. This book provides original analysis of the different aspects of judicial dialogue. It starts with exploring the constitutional dimension of this phenomenon. The volume offers insightful analysis in relation to the spheres of public finance management, putting emphasis on the judicial dialogue related to the Economic and Monetary Union and the Eurozone crisis management. It outlines important issues of judicial dialogue in Private International Law and international dispute settlement. The book finishes with enlightening case-studies of the judicial dialogue between the Court of Justice of the EU and several national courts. The book offers novel theoretical insights and comparative research combined with case-studies. Table of Contents Introduction Part I Constitutional Aspects of Judicial Dialogue 1 Judicial Dialogue – Westphalian or Post-Westphalian Constitutional Phenomenon? 2 Constitutional Dialogue as an Expression of Trust and Distrust in Multilevel Governance 3 The Court of Justice of the EU as an EU Constitutional Court: Is It Lawful (and Desirable)? 4 Constitutional Courts, Fundamental Rights and Judicial Dialogue with the Court of Justice of the European Union Part II Judicial Dialogue in Financial Matters 5 Are Courts Engaged in a 'Dialogue' on Financial Matters? 6 The Role of Courts in the Eurozone 7 What Goes Up Must Go Up: Raising Judicial Scrutiny over the European Central Bank through Judicial Dialogue 8 Taxpayer Protection in the European Legal Context: A Dialogue of the Deaf between National and Supranational Courts? Part III Judicial Dialogue in Private International Law and International Dispute Settlement 9 Judicial Dialogue and the Pluralist Structure of the Legal Order at the Beginning of the Twenty-First Century 10 The CJEU's Extensive Conception of the EU Legal Order – An Impediment to Judicial Dialogue: CJEU's Achmea Case, a Just Judicial War? Part IV The Engagement of National Courts in Judicial Dialogue – Discourses on Judicial Dialogue in Italy and Netherlands 11 The Dialogue between the Italian Constitutional Court and the Court of Justice of the European Union 12 Are Dutch Judges in Search of a Dialogue? About the Editor About the Authors Judicial dialogue is one of the pressing phenomena in contemporary EU law and constitutional law. It is a device of judicial policy-making and networking and instrument for policy coordination and negotiation between the national, international and supranational legal orders. Judicial dialogue is also tipping point of the influence of courts on multilevel constitutional politics in the context of global constitutional (dis)order.00This book provides original analysis of the different aspects of judicial dialogue. It starts with exploring the constitutional dimension of judicial dialogue. The volume offers insightful analysis of the judicial dialogue in the spheres of public finance management putting emphasis on the judicial dialogue related to the Economic and Monetary Union and the Eurozone crisis management. It outlines important issues of judicial dialogue in Private International Law and international dispute settlement. The book finishes with enlightening case-studies of the judicial dialogue between the Court of Justice of the EU and several national courts. The book offers novel theoretical insights and comparative research combined with case-studies Judicial dialogue is one of the pressing phenomena in contemporary EU law and constitutional law. It is a device of judicial policy-making and networking and instrument for policy coordination and negotiation between the national, international and supranational legal orders. Judicial dialogue is also tipping point of the influence of courts on multilevel constitutional politics in the context of global constitutional (dis)order. This book provides original analysis of the different aspects of judicial dialogue. It starts with exploring the constitutional dimension of judicial dialogue. The volume offers insightful analysis of the judicial dialogue in the spheres of public finance management putting emphasis on the judicial dialogue related to the Economic and Monetary Union and the Eurozone crisis management. It outlines important issues of judicial dialogue in Private International Law and international dispute settlement. The book finishes with enlightening case-studies of the judicial dialogue between the Court of Justice of the EU and several national courts. The book offers novel theoretical insights and comparative research combined with case-studies