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Books > Law > Jurisprudence & general issues > Comparative law
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In the Court We Trust - Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts (Hardcover)
Loot Price: R2,735
Discovery Miles 27 350
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In the Court We Trust - Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts (Hardcover)
Series: Cambridge Studies in European Law and Policy
Expected to ship within 12 - 17 working days
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The preliminary reference procedure has long been envisaged as a
judicial dialogue between the European Court of Justice and
national courts. However, in reality the relationship appears to be
closer to one of growing separation rather than to a happy marriage
between equal partners. This book tries to find out: what is behind
this? A study of the existing literature, combined with a case law
analysis and interviews with judges, has shown that there are a
number of important stumble blocks hindering the communication
between these courts, such as language barriers, time constraints,
and a failing digital infrastructure. However, on a deeper level
there also appears to be a lack of mutual trust that prevents
Supreme Administrative Courts from using the possibilities the
procedure provides, such as the opportunity to offer provisional
answers to the Court of Justice and the use of requests for
clarification by the latter.
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