Courts are increasingly pursuing partnerships with foreign counterparts by organising themselves in networks—at their own initiative or at the instigation of the european legislature. This chapter adopts a critical approach to this phenomenon to highlight its advantages and drawbacks. First, it explores the wide variety of judicial networks currently in existence, with specific attention to composition and mandate of these networks. Next, the traditional patterns of dialogue between national courts and the court of justice of the european union, in particular the preliminary reference procedure are surveyed. Finally, the chapter addresses the ways in which judicial networks can—and do—affect these traditional relationships between the european courts and national judges. As “educational interlocutors”, judicial networks are expected to europeanise the outlook of national courts, by raising awareness of their role as the enforcers of european law. The networks also have an impact on the work of the european courts, by critically evaluating and improving their functioning or by orchestrating a ‘revolt’ of national courts.keywordsnational courtpreliminary rulingconstitutional courteuropean arrest warranteuropean courtthese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
|Title of host publication
|National legal systems and globalization. New role, continuing relevance
|P. Larouche, P. Cserne
|Place of Publication
|Published - 1 Jan 2013