In the EU legal system, the relationship between European and National law has always been a fruitful and challenging terrain for discussion and analysis. The expression “judicial dialogue” usually refers to different channels, both formal and informal. These channels are in place in the interchange between European Courts, including, most importantly, Constitutional Courts and the Court of Justice of the European Union. While the scholarly debate on judicial dialogue in the EU context is by now quite extensive, new, interesting strands are recently developing in the specific context of EU Banking and Financial Legislation. Going beyond technicalities of EU Banking Law, this paper aims to show that the high degree of innovation and experimentation of EU Banking Law is a fruitful laboratory for the development of forms of judicial dialogue that go well beyond preliminary reference and that offer food for thought at a broader political and institutional level.
Developing Judicial Dialogue Between EU Courts: The Role of EU Banking Legislation,
San Diego Int'l L.J.
Available at: https://digital.sandiego.edu/ilj/vol23/iss1/3