Sentences with phrase «judicial dialogue»

It could even be described as an example of judicial dialogue — literally — with this public.

He nevertheless refuses to join ranks with the critics of these judgments and suggests a different reading: these decisions should not be seen as unilateral judicial policy - making, but rather as a long - term and interactive process of judicial dialogue with the Member States.

Being cornered by the ICC, in the M.A.S. judgment the CJEU came out with an Italy - oriented type of decision, in order not to pave the way to the use of the controlimiti doctrine in hard times for judicial dialogue between the CJEU itself and national Constitutional Courts (as outlined in section II above).

They were mostly limited to the observation that Article 267 TFEU provides for an institutionalized mechanism for judicial dialogue between the ECJ and national constitutional courts that the latter are unwilling to use.

As a result, one can observe a constructive judicial dialogue, which has resulted in a substantial alignment (despite some diverging nuances) of the case law of both European courts.

Article 267 TFEU is a formal, institutionalised judicial dialogue procedure that ensures the uniform interpretation and enforcement of EU law via national courts in all 28 Member States.

Judicial dialogue demonstrates that the courts still express considerable deference to the executive and the legislature in how policy decisions are made, and this deference is a central component to respect of the judicial function in a democracy.

Her current research focuses on the role of domestic courts as mediators between the domestic and international legal regimes, and on the impact of transnational judicial dialogue on the development of international legal norms.

For example, national constitutional courts use the grand EU - decisions concerning the ratification of a European treaty as a forum for inter-order judicial dialogue when they send certain messages to the ECJ.

Additionally, the Court expressly refers to the metaphor of judicial dialogue within the framework of the principle of loyal cooperation.

Third, the generally issue - oriented, deliberative character of judicial dialogue holds a significant potential to overcome or to at least curb conflicting judicial interests.

Judicial dialogue with the ECtHR has occurred previously in a series of cases concerning the compatibility of residential possession proceedings with Art 8, ECHR.

The resulting legal framework of this controversial expression of judicial dialogue (see above sections I - II) turns out to be quite paradoxical.

The omission could perhaps be explained as an attempt to avoid losing leverage in its judicial dialogue with the CJEU.

The third one, though, written by Justice Andrés Ollero, complained that the judicial dialogue between the SCC and the CJEU had «unnecessarily [been given] a sense of a monologue where assent is compulsory.»

Meanwhile, the EFTA Court also gave its interpretation of the PP (see EFTA Surveillance Authority v Norway of 2001) and the two European courts have subsequently kept the judicial dialogue alive in several judgments, until the most recent cases of Philip Morris Norway AS v Staten v / Helse of 2011 and Acino v Commission of 2014, where both courts favored a broad application of the PP.

Article 19 TEU guarantees autonomy by providing exclusive jurisdiction to the CJEU to offer authoritative interpretations of EU law and enabling a judicial dialogue with national courts via Article 267 TFEU.

The concept of judicial dialogue is particularly important in Canada, where judges are not elected to their offices, maintain broad independence for their actions, and are empowered to strike down laws «made by the duly elected representatives of the people.»