... country. It analysed salient issues like Herders/farmers conflict and insecurity and complemented with a survey of 220 respondents. Preliminary evidence indicates the presence of a federal political culture ...
2.
Austerity on the loose in Portugal: European judicial restraint in times of crisis
(Francisco Pereira Coutinho/Essay)
(Francisco Pereira Coutinho/Essay)
... in court. A systemic failure in the jurisdictional system of the EU immunized the MoU to any judicial challenge. At the apex of the system, the Court of Justice of the EU declined to answer preliminary ...
3.
The impossible constitutional reconciliation of the BVerfG and the ECJ in the OMT case. A legal analysis of the first preliminary referral of the BVerfG
(Francesco Pennesi/Note)
(Francesco Pennesi/Note)
In Gauweiler v. ECB, the German Constitutional Court referred for the first time a case to the European Court of Justice. The BVerfG openly doubted the legality of the OMT program of the European Central ...
4.
Deferential dialogues between the Court of Justice and domestic courts regarding the compatibility of the EU Data Retention Directive with (higher?) national fundamental rights standards
(Ioana Pelin-Raducu/Essay)
(Ioana Pelin-Raducu/Essay)
... to ask for a preliminary ruling by the Court of Justice. Avenues of “silent” dialogue, as happens when constitutional courts do not send for a preliminary ruling while still following the Court’s precedents, ...
5.
Indirect Taxation and the role of the European Court of Justice within the preliminary reference procedure
(Ricardo García Antón/Essay)
(Ricardo García Antón/Essay)
This article examines the interpretation of indirect taxes by the Court of Justice of the European Union (hereinafter, “CJEU” or “the Court”) by means of the preliminary reference procedure. It is argued ...
6.
Overcoming the Legal Iron Curtain: Similarities and differences in the use of preliminary references between new and old Member States
(Juan A. Mayoral/Essay)
(Juan A. Mayoral/Essay)
This article analyses the determinants that lead national courts across EU countries to use the preliminary reference procedure, paying special attention to the differences and similarities in the use ...
The Author analyses the normative framework and the use of the referendum in Italy, at regional and local level. According to the Author, this level of the analysis could even be used as a preliminary ...
8.
Some reflections on the choices of the European Court of Justice in the Kücükdeveci preliminary ruling
(Filippo Fontanelli/Note)
(Filippo Fontanelli/Note)
In Kücükdeveci judgment, the European Court of Justice declared that national judges must set aside national norms that are at variance with the general principle of non discrimination on grounds of age, ...
With the order of April 15, 2008, the Constitutional Court of Italy requested, for the first time, the intervention of the Court of Justice of the European Communities, enabling the mechanism of preliminary ...