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Judicial Dialogue Unpacked: Twenty Years of Preliminary References on Environmental Matters Initiated by the Swedish Judiciary

Bogojevic, Sanja LU orcid (2017) In Journal of Environmental Law 29(2). p.263-283
Abstract
Judicial dialogue, as enabled through preliminary reference, is a fundamental component of the EU judicial system. It allows the national courts to ask the Court of Justice (ECJ) questions of interpretation and validity of EU acts, thereby helping secure the coherence of EU law, as well as it safeguards judicial protection, especially for individual applicants who otherwise enjoy limited access to the ECJ. The way this dialogue maps out in practice, however, is far from straightforward. Examining preliminary references on environmental matters issued by the Swedish courts over a twenty-year period shows various dialogues taking place-interchanged, gapped, interrupted and silenced-each demonstrating a different response from the national... (More)
Judicial dialogue, as enabled through preliminary reference, is a fundamental component of the EU judicial system. It allows the national courts to ask the Court of Justice (ECJ) questions of interpretation and validity of EU acts, thereby helping secure the coherence of EU law, as well as it safeguards judicial protection, especially for individual applicants who otherwise enjoy limited access to the ECJ. The way this dialogue maps out in practice, however, is far from straightforward. Examining preliminary references on environmental matters issued by the Swedish courts over a twenty-year period shows various dialogues taking place-interchanged, gapped, interrupted and silenced-each demonstrating a different response from the national courts in implementing the ECJ's rulings. This finding raises pressing questions concerning the impact of preliminary rulings in the Member States, the relationship between the national and the EU courts, and whether judicial dialogues are effective guarantors of judicial protection. (Less)
Please use this url to cite or link to this publication:
author
publishing date
type
Contribution to journal
publication status
published
subject
keywords
EU courts, EU-law, ECJ, National courts
in
Journal of Environmental Law
volume
29
issue
2
pages
263 - 283
publisher
Oxford University Press
external identifiers
  • scopus:85023647683
ISSN
1464-374X
DOI
10.1093/jel/eqx009
language
English
LU publication?
no
id
cab8f4cb-a1f2-42b7-b5ea-cf7fc83db260
date added to LUP
2023-02-26 10:18:13
date last changed
2023-03-02 14:49:06
@article{cab8f4cb-a1f2-42b7-b5ea-cf7fc83db260,
  abstract     = {{Judicial dialogue, as enabled through preliminary reference, is a fundamental component of the EU judicial system. It allows the national courts to ask the Court of Justice (ECJ) questions of interpretation and validity of EU acts, thereby helping secure the coherence of EU law, as well as it safeguards judicial protection, especially for individual applicants who otherwise enjoy limited access to the ECJ. The way this dialogue maps out in practice, however, is far from straightforward. Examining preliminary references on environmental matters issued by the Swedish courts over a twenty-year period shows various dialogues taking place-interchanged, gapped, interrupted and silenced-each demonstrating a different response from the national courts in implementing the ECJ's rulings. This finding raises pressing questions concerning the impact of preliminary rulings in the Member States, the relationship between the national and the EU courts, and whether judicial dialogues are effective guarantors of judicial protection.}},
  author       = {{Bogojevic, Sanja}},
  issn         = {{1464-374X}},
  keywords     = {{EU courts; EU-law; ECJ; National courts}},
  language     = {{eng}},
  number       = {{2}},
  pages        = {{263--283}},
  publisher    = {{Oxford University Press}},
  series       = {{Journal of Environmental Law}},
  title        = {{Judicial Dialogue Unpacked: Twenty Years of Preliminary References on Environmental Matters Initiated by the Swedish Judiciary}},
  url          = {{http://dx.doi.org/10.1093/jel/eqx009}},
  doi          = {{10.1093/jel/eqx009}},
  volume       = {{29}},
  year         = {{2017}},
}