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... that the nature of the relationship between the national courts that send requests for preliminary rulings and the CJEU has undergone profound changes. By analysing the case law in the field of indirect ...
Courts use the proportionality principle to ensure the legitimacy of their decisions. According to Harbo (2010), the CJEU is interpreting the principle in different ways, determined by the different areas ...
... of such a rationale as a formalistic but useful interpretive tool which avoids that national and regional courts commit themselves openly to a “Solange style” dialogue with UN institutions. In parallel, ...
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 ...
... to fully fledged federal states) especially looking at the lower courts. This paper is structured as follows: first, I am going to recall the debate on the consequences- in terms of legal uncertainty- ...
... of constitutional review at the subnational level is a crucial element for the development of an autonomous, well-grown subnational constitutional law. However, subnational constitutional courts tend to ...
... process, this essay provides a short genealogy of publicity within European governance: from publicity concerning specific institutions and epistemic communities, namely the courts and the jurists, ...
... centralising trend noticeable in the constitutional jurisprudence of all the federations studied. Further, the analysis suggests that constitutional courts often adopt a different approach to interpretation ...
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