Volume 16 (2015)

Volume 16 No 06


16 German Law Journal No. 6 (2015)

Special Issue


Foreword: Constitutional Courts in the European Legal System After the Treaty of Lisbon and the Euro-Crisis
Maria Dicosola, Cristina Fasone & Irene Spigno

Luxembourg, Here We Come? Constitutional Courts and the Preliminary Reference Procedure
Monica Claes

Part One

The “Polemical” Spirit of European Constitutional Law: On the Importance of Conflicts in EU Law
Giuseppe Martinico

The Relationship Between the Court of Justice of the European Union and the European Court of Human Rights in the View of the Accession
Francesco Cherubini

The Prospective Role of Constitutional Courts in the Advisory Opinion Mechanism Before the European Court of Human Rights: A First Comparative Assessment with the European Union and the Inter-American System
Maria Dicosola, Cristina Fasone & Irene Spigno

Part Two

The Decision of the Austrian Verfassungsgerichtshof on the EU Charter of Fundamental Rights: An Instrument of Leverage or Rearguard Action?
Andreas Orator

Pouring New Wine into New Bottles? The Preliminary Reference to the CJEU by the Italian Constitutional Court
Giorgio Repetto

The First Preliminary Reference of the French Constitutional Court to the CJEU: Revolution de Palais or Revolution in French Constitutional Law?
Frangois-Xavier Millet & Nicoletta Perlo

Part Three

The German Constitutional Court and Preliminary References-Still a Match not Made in Heaven?
Eva Julia Lohse

The Spanish Constitutional Court and Fundamental Rights Adjudication After the First Preliminary Reference
Miryam Rodríguez-Izquierdo Serrano

The Supreme Court of the United Kingdom and Preliminary References to the European Court of Justice: An Opencast Constitutional Lab
Alessia Fusco

Reading the Tea Leaves: The Polish Constitutional Tribunal and the Preliminary Ruling Procedure
Aleksandra Kustra

Part Four

Preliminary Reference and the Hungarian Constitutional Court: A Context of Non-Reference
Fruzsina Gárdos-Orosz

European Integration Through Preliminary Rulings? The Case of the Bulgarian Constitutional Court
Mihail Vatsov

The Romanian Constitutional Court and the Principle of Primacy:1 To Refer or Not to Refer?
Viorica Viță*

Part Five

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU
Clelia Lacchi

The Return of the Huron, or Naïve Thoughts on the Handling of Article 267 TFEU by Constitutional Courts when Referring to the Court of Justice
Pierre-Vincent Astresses

Preliminary Reference and Dialogue Between Courts as Tools for Reflection on the EU System of Multilevel Protection of Rights: The Case of the Data Retention Directive
Ludovica Benedizione & Eleonora Paris

Constitutional Courts, Preliminary Rulings and the “New Form of Law”: The Adjudication of the European Stability Mechanism
Samo Bardutzky


Europe as a Space of Constitutional Interdependence: New Questions about the Preliminary Ruling
Marta Cartabia