Preliminary Reference to the European Court of Justice and Multilevel Protection of Human Rights: The Complex Dialogue Between the European Court of Justice and Constitutional Courts

Year 2013, Issue: 44, 0 - 0, 01.05.2013

Caterina Drigo

https://doi.org/10.1501/Intrel_0000000286

Abstract

The purpose of this work is to focus on the issues relating on one side to the relation between the preliminary references and the human rights protection and, on the other side, to the use that Constitutional Courts have made of it and on how this process can foster the effectiveness of human rights protection in Europe. After having described the evolution of the preliminary ruling‟s instrument - showing how it has become one of the most useful tools to implement the European normative integration – there will be highlighted some problematic aspects concerning the possible questions that can be addressed to the European Court of Justice ECJ , the margin of discretion of national courts, and the right/obligation to refer a question for preliminary ruling. The third part of the work will address to the difficulties posed by the possible for a long time denied dialogue between the ECJ and national Constitutional Courts. While, in the final part of this work there will be highlighted some critical points and reflections on some new perspectives connected, on one side, to the EU accession system to the ECHR and, on the other, to the approval of Protocol n. 16, added to the ECHR

Keywords

Preliminary Reference to the European, Multilevel Protection, The Complex Dialogue

Preliminary Reference to the European Court of Justice and Multilevel Protection of Human Rights: The Complex Dialogue Between the European Court of Justice and Constitutional Courts

Abstract

The purpose of this work is to focus on the issues relating on one side to the relation between the preliminary references and the human rights protection and, on the other side, to the use that Constitutional Courts have made of it and on how this process can foster the effectiveness of human rights protection in Europe. After having described the evolution of the preliminary ruling‟s instrument - showing how it has become one of the most useful tools to implement the European normative integration – there will be highlighted some problematic aspects concerning the possible questions that can be addressed to the European Court of Justice ECJ , the margin of discretion of national courts, and the right/obligation to refer a question for preliminary ruling. The third part of the work will address to the difficulties posed by the possible for a long time denied dialogue between the ECJ and national Constitutional Courts. While, in the final part of this work there will be highlighted some critical points and reflections on some new perspectives connected, on one side, to the EU accession system to the ECHR and, on the other, to the approval of Protocol n. 16, added to the ECHR