We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure [email protected]
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Drawing up the balance from the literature, case law, and interviews, one must conclude the communication between courts in the preliminary reference procedure does not represent a dialogue going (much) beyond one side asking questions, while the other side tries to answers them. Procedural mechanisms in the procedure that could enhance cooperation and communication are scarcely used to facilitate co-actorship. There are not only practical reasons for this. The lack of dialogue also partly results from a lack of faith in each other’s competence, reliability, and intentions. CJEU judges sometimes lack faith in the competence and reliability of national highest courts and do not seem to believe in the idea that national highest courts could actually provide an authoritative opinion about the correct interpretation or validity of EU law. Judges from Supreme Administrative Courts, on the other hand, are sometimes frustrated that the CJEU does not seem willing to listen to their explanation of the facts of a case, to their concerns about the potential consequences of preliminary rulings and to their views on how EU law should be interpreted. Few judges, however, seem to feel the need to openly express their discomfort, because it could also make things worse.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.