Lookin’ out my backdoor – The CJEU and the selective acceptance of international tribunals

In absence of a global political authority, the dialogue between international, supra-national and domestic courts has played a fundamental role over the years in harmonizing regulations among states and promoting the recognition and enforcement of common rights and principles. In Europe, the Court...

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Bibliographic Details
Main Author: Cantore, Carlo Maria
Format: Article
Language:English
Published: 2019
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7023337
Source:Estudios de Deusto: revista de la Universidad de Deusto, ISSN 0423-4847, Vol. 67, Nº. 1, 2019, pags. 41-54
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Summary: In absence of a global political authority, the dialogue between international, supra-national and domestic courts has played a fundamental role over the years in harmonizing regulations among states and promoting the recognition and enforcement of common rights and principles. In Europe, the Court of Justice of the European Union (CJEU) has been at the centre of this process. Over the years, the CJEU has acted as a “gatekeeper” in the selection of other judges (whether national or international) with which it engages in a meaningful dialogue. The CJEU’s approach has not always been coherent, as opposite outcomes in two recent decisions demonstrate. Recent developments, however, show that the CJEU can reconsider its inclination and show greater openness to the acceptance of other international tribunals.Received: 11 May 2019Accepted: 21 June 2019Published online: 31 July 2019