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Forms of Cooperation and Dialogue between National and European Judges

2013 / Vol. CIX
Print Edition


Vol. CIX, Vassilios Kondylis, Forms of Cooperation and Dialogue between National and European Judges

Vol. CIX, Vassilios Kondylis, Forms of Cooperation and Dialogue between National and European Judges, 2013, 308 pp., ISSN: 2308-8648, ISBN: 978-960-87611-7-9

In the EU, both cooperation and direct and indirect dialogue between national and Euro­­pean judges is an ongoing process. The future is not based on separation but on interaction, and the dialogue, in all its forms, is a perfect tool for this purpose. Cooperation and dialogue are thus absolutely necessary to enhance the integration of, and collaboration between, Member States especially because of the serious economic crisis currently facing most of the countries of the Eurozone.

This book focuses on the different forms of Dialogue of the Judges and of the National Courts and European Courts. First, some conceptual clarifications are necessary related to the notion of 'dialogue' and of 'jurisdiction'.

In Part I, are analyzed the forms of the direct dialogue of the judges and especially the nature and function of the preliminary rulings procedure. So, after the presentation of the respective roles of national and European judges, is analyzed the preliminary ruling as a 'way out'. Then, it is analyzed as a 'safety valve', because of the protection of Human Rights, of the phenomenon of the 'Antidosis' (Exchange) of qualities' ("Αντίδοσις των ιδιωμάτων"), and because it is possible to say that there is a correlation between the preliminary rulings and the infringement procedures. Next, are analyzed the impediments to direct dialogue and some antidotes/remedies against those impediments, the role of constitutional courts and the future of direct dialogue.

In Part II, are pointed out the forms of the indirect dialogue of the judges. So the analysis of this form of dialogue between the national judges and their European counterparts constitutes the proof of the continuous efforts and the respect for the legislation of the European Union (EU) and for the European Convention on Human Rights (ECHR) and for the case law of the EU Court of justice and that of the European Court of Human Rights (ECtHR) by the courts and tribunals of the Member States. The phenomenon of the "antidosis of qualities" reappears in indirect dialogue because of the liability of the Member State. The dialogue turns out sometimes to be more delicate between the ECJ, the ECtHR and the Constitutional Courts. Finally, are also examined some other forms of cooperation between jurisdictions and judges and the future of indirect dialogue.

Dr. Vassilios Kondylis is Assistant Professor at the Law School of the University of Athens. He is Lawyer, member of the Athens Bar Association, Legal Counselor of the Hellenic Telecommunications and Post Commission (EETT) and Member of the Board of the Greek Atomic Energy Commission (GAEC).

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