The Interaction Between Europe's Legal Systems: Judicial Dialogue and the Creation of Supranational Laws

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9781848446786: The Interaction Between Europe's Legal Systems: Judicial Dialogue and the Creation of Supranational Laws

This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes.

The Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.

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About the Author:

Giuseppe Martinico, Garcia Pelayo Fellow, Centro de Estudios Politicos y Constitucionales, Spain and Oreste Pollicino, Associate Professor of Comparative Law, Bocconi University, Italy

Review:

The book has the merit to deal with an issue, namely judicial convergence or divergence in Europe, which in the near future is likely to dominate the debate among scholars in comparative, constitutional, EU, and international law, given the on-going developments in the relationship between the EU and the ECHR, and between the European Court of Human Rights and the highest national courts. --European Law Journal

This volume engages successfully in an extensive comparison between the case law of the CJEU and the Court in Strasbourg, so as to encompass a variety of prominent issues, from the way in which specific rights are protected (e.g. the right not to be discriminated against, human dignity, and social rights) to interpretive techniques and the reasoning used by the Courts. The analysis is supplied with an extraordinary amount of case-law, which confirms the sound nature of the work. --Cristina Fasone, European Constitutional Law Review

The book by Martinico and Pollicino is an interesting example of looking at judicial activism through the prism of historical circumstances. --Krystyna Kowalik-Banczyk, Common Market Law Review

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Book Description Edward Elgar Publishing Ltd, United Kingdom, 2012. Hardback. Book Condition: New. Language: English . Brand New Book. This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. The Interaction between Europe s Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law. Bookseller Inventory # AAJ9781848446786

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Book Description Edward Elgar Publishing Ltd, United Kingdom, 2012. Hardback. Book Condition: New. Language: English . Brand New Book. This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. The Interaction between Europe s Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law. Bookseller Inventory # AAJ9781848446786

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Book Description Edward Elgar Publishing Ltd, United Kingdom, 2012. Hardback. Book Condition: New. Language: English . This book usually ship within 10-15 business days and we will endeavor to dispatch orders quicker than this where possible. Brand New Book. This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. The Interaction between Europe s Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law. Bookseller Inventory # BTE9781848446786

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