The Cooperation Between European Courts: The Verbund of European Courts and its Legal Toolbox
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Abstract
This contribution focuses on the question of the methods which the Court of Justice of the European Union, the European Court of Human Rights and the German Federal Constitutional Court—as one of the national constitutional courts—use in the process of cooperating and ensuring coherence in their common multilevel cooperation system (Rechtsprechungsverbund). The article identifies a set of formal and substantive tools applied in this Verbund.
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- Introduction
- The Protagonists
- The Idea of Verbund
- Verbund Tools
- Rights and Obligations to Request a Preliminary Ruling as an Instrument of Coordination
- Stages of Appeal
- Waiver of Exercising Jurisdiction: “Solange” Tools
- Identity Tools and Ultra Vires Tools
- Interaction of Members of the Constitutional Courts
- Conclusion
- References
- References
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