NDLI: Basic values, judicial dialogues and the rule of law in the light of the Charter of Fundamental Rights of the European Union: judges playing by the rules of the game

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Basic values, judicial dialogues and the rule of law in the light of the Charter of Fundamental Rights of the European Union: judges playing by the rules of the game

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Basic values, judicial dialogues and the rule of law in the light of the Charter of Fundamental Rights of the European Union: judges playing by the rules of the game

Content Provider	Springer Nature Link
Author	Zalar, Boštjan
Copyright Year	2013
Abstract	On the assumption that the general public will trust European institutions, as long as the powers of those institutions are exercised in accordance with their proclaimed basic values, the author starts his main argument with the identification of relevant questions and ambiguities that national judges face in the fields of asylum and immigration in relation to the possible use of the Charter of Fundamental Rights of the European Union. The identified challenges inevitably lead the author to the next topic, which is judicial dialogue. First, he describes judicial dialogue based on Article 267 of the TFEU from the standpoint of power relations between main institutional actors involved; then he highlights the importance of informal and horizontal inter-judicial communication between judges in Europe, which could, in addition to a constitution-friendly and ECHR-friendly interpretation of European Union secondary law by national courts, substantially complement the minimum standards of the Common European Asylum System.
Starting Page	319
Ending Page	333
Page Count	15
File Format	PDF
ISSN	16123093
Journal	ERA Forum
Volume Number	14
Issue Number	3
e-ISSN	18639038
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2013-08-21
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Fundamental rights Rule of law Human dignity Social rights Effective remedy Asylum Judicial dialogue Constitutional pluralism Public International Law European Integration Political Science
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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