Citation

National Highest Courts in a European Context: Finding a New Institutional Balance

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Abstract:

This paper’s focus is on the extent to which legal ideas and experiences from other jurisdictions play an influencing role on the decisions of highest national courts, including both supreme courts and constitutional courts. The paper discusses how judges in the highest courts of four EU Member States (the United Kingdom, France, Germany and the Netherlands) see their role within a Europeanized legal community. This role concerns both the relation to the courts’ national public and their relation to the EU Courts (the European Court of Justice and the Court of First Instance) and to the highest courts in other Member States. Furthermore, the paper provides a better understanding of the institutional dynamics which influence the functioning of the national highest courts. Specific questions in this respect concern the use of foreign sources (such as the EU legislation and the EU Courts’ case law) in judicial decision-making, and the institutional position of the highest courts in the balance of powers at the domestic level. The analysis takes account of insights gained from interviews with judges in the selected legal systems.
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Association:
Name: Seventeenth International Conference of the Council for European Studies
URL:
http://www.ces.columbia.edu


Citation:
URL: http://citation.allacademic.com/meta/p400514_index.html
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MLA Citation:

Mak, Elaine. "National Highest Courts in a European Context: Finding a New Institutional Balance" Paper presented at the annual meeting of the Seventeenth International Conference of the Council for European Studies, Grand Plaza, Montreal, Canada, <Not Available>. 2014-11-27 <http://citation.allacademic.com/meta/p400514_index.html>

APA Citation:

Mak, E. "National Highest Courts in a European Context: Finding a New Institutional Balance" Paper presented at the annual meeting of the Seventeenth International Conference of the Council for European Studies, Grand Plaza, Montreal, Canada <Not Available>. 2014-11-27 from http://citation.allacademic.com/meta/p400514_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper’s focus is on the extent to which legal ideas and experiences from other jurisdictions play an influencing role on the decisions of highest national courts, including both supreme courts and constitutional courts. The paper discusses how judges in the highest courts of four EU Member States (the United Kingdom, France, Germany and the Netherlands) see their role within a Europeanized legal community. This role concerns both the relation to the courts’ national public and their relation to the EU Courts (the European Court of Justice and the Court of First Instance) and to the highest courts in other Member States. Furthermore, the paper provides a better understanding of the institutional dynamics which influence the functioning of the national highest courts. Specific questions in this respect concern the use of foreign sources (such as the EU legislation and the EU Courts’ case law) in judicial decision-making, and the institutional position of the highest courts in the balance of powers at the domestic level. The analysis takes account of insights gained from interviews with judges in the selected legal systems.


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Judicial War on Terror: Striking a Fair Balance Between National Security and Human Rights Safeguard in Recent Case Law of European Courts

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European Integration and National Courts: Defending Sovereignty under Institutional Constraints


 
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