Volume 9 (2009)
Most Downloaded Articles
- Definition of "Investment": Could a Persistent Objector to the Salini Tests be Found in ICSID Arbitral Practice? by Martin, Antoine
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- The E-Commerce Directive and Formation of Contract in a Comparative Perspective by Ramberg, Christina Hultmark
- The International Legal Personality of Multinational Enterprises: Treaty, Custom and the Governance Gap by Hansen, Robin F.
The Hidden Dialogue: When Judicial Competitors Collaborate
1Sant’Anna School of Advanced Studies, firstname.lastname@example.org
2Sant’Anna School of Advanced Studies, email@example.com
Citation Information: Global Jurist. Volume 8, Issue 3, Pages –, ISSN (Online) 1934-2640, DOI: 10.2202/1934-2640.1280, November 2008
- Published Online:
Legal scholars have regularly focused on the conflict episodes between the Court of Justice and national constitutional courts. We try instead to investigate the techniques that both the Court of Justice and its national counterparts use to develop a hidden judicial dialogue, through which a non-legally bound harmonization is pursued, and mostly achieved. Moreover, we understand these strategies in the light of the notion of comity, and we compare the opposite attitudes kept by the Court of Justice towards national courts and international tribunals to describe its shifting attitude, which is due to its interest in preserving a pre-eminent position in the interpretive competition over EC law.