Revista Forumul Judecătorilor

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https://www.editurauniversitara.ro/media/pdf/5e7200090649aEU_Law_and_the_Constitutional_Courts_of_the_Member_States.pdf

European Union Law and the Constitutional Courts of the Member states. Interviews, Editura Universitară București, 2015

Interviews taken by Dragoş Călin

Translations made by Mihai Banu, Amelia Paula Chirteş, Adnana Popescu and Dragoş Călin

In the current framework, one of the most interesting approaches, both in case-law and in legal literature, which involves constitutional courts of the Member States of the European Union, concerns possible mechanisms of cooperation with the Court of Justice of the European Union (hereinafter “CJEU”), taking also into account that the Lisbon Treaty did not set up a European “superstate” or a sort of functional federalism. Moreover, the application by the Court of Justice of the European Union of the Charter for Fundamental Rights of the European Union, a additional guarantee for citizens of the Member States of the European Union, is liable to lead to limitation of effects of the decisions rendered by the constitutional courts, especially by effects of European Union law.

This project comprises responses of some outstanding professors and judges, and can help the reader to grasp better some certainties and unknowns of an endless process of judicial negotiations, in which possible conflicts of jurisdiction may be resolved, at least in the current framework, either by application of European law, as interpreted by the CJEU, despite decisions of constitutional courts, or through a more intense judicial dialogue between constitutional courts and the CJEU, in which preliminary references will play a critically important role.

Warm thanks to the following Professors and Judges: Mrs Anneli Albi, Mr Leonard Besselink, Mrs Chahira Boutayeb, Mrs Gráinne de Búrca, Mrs Laurence Burgorgue-Larsen, Mrs Ninon Colneric, Mr Oliver Dörr, Mr Péter Kovács, Mrs Kristīne Krūma, Mrs Gertrude Lübbe-Wolff, Mr Bertrand Mathieu, Mr Franz C. Mayer, Mr Rostane Mehdi, Mr François-Xavier Millet, Mr Francisco Pereira Coutinho, Mr Janne Salminen, Mr Andreas Vosskuhle, Mr Joseph H.H. Weiler and Mr Peter G. Xuereb, that agreed to give these interviews, also to Mr Rareş Kerekes, whose painting depicting Sighişoara, România, made during the Summer of 2012, is the cover of this book, to Mrs Irina Alexe and my colleagues from RALEA (the Romanian Association for Law and European Affairs) – Mihai Banu, Roxana Maria Călin, Amelia Paula Chirteş, Adnana Popescu and Mihai Şandru, that made useful suggestions and were involved in translation and revision works, and also to Mr Vasile Muscalu and Editura Universitară, that made possible the publishing of this work and its free circulation of its electronic version.

Dragoş Călin

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