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The Interaction between Europe’s Legal Systems

Judicial Dialogue and the Creation of Supranational Laws Giuseppe Martinico, García Pelayo Fellow, Centro de Estudios Politicos y Constitucionales, Spain and Oreste Pollicino, Associate Professor of Comparative Law, Bocconi University, Italy
This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes.
Extent: 272 pp
Hardback Price: $128.00 Web: $115.20
Publication Date: 2012
ISBN: 978 1 84844 678 6
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  • Law - Academic
  • European Law
This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes.

The Interaction between Europe’s Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.
‘The book has the merit to deal with an issue, namely judicial convergence or divergence in Europe, which in the near future is likely to dominate the debate among scholars in comparative, constitutional, EU, and international law, given the on-going developments in the relationship between the EU and the ECHR, and between the European Court of Human Rights and the highest national courts.’
– European Law Journal

‘This volume engages successfully in an extensive comparison between the case law of the CJEU and the Court in Strasbourg, so as to encompass a variety of prominent issues, from the way in which specific rights are protected (e.g. the right not to be discriminated against, human dignity, and social rights) to interpretive techniques and the reasoning used by the Courts. The analysis is supplied with an extraordinary amount of case-law, which confirms the sound nature of the work.:’
– Cristina Fasone, European Constitutional Law Review

'The book by Martinico and Pollicino is an interesting example of looking at judicial activism through the prism of historical circumstances.'
– Krystyna Kowalik-Banczyk, Common Market Law Review
Contents: Part I 1. The Interaction between Europe’s Legal Systems: An Introduction to the Investigation 2. The Formal Parameter 3. The Law in Action Part II 4. External Convergence: Towards a Rapprochement of the EU and ECHR Regimes After the Enlargement of Europe to the East 5. The Enlargement of Europe to the East and the Reaction of the European Court of Human Rights 6. The Enlargement of Europe to the East and the Reaction of the European Court of Justice 7. Conclusions Index