Abstract
The judicial dialogue between national courts and the European Court of Justice as a cornerstone of European constitutionalism – The importance of understanding how place-based identities shape national judges’ willingness to apply EU law and enter into dialogue with the European Court of Justice through the preliminary reference procedure – An interdisciplinary approach for studying lawyers and judges’ legal consciousness and sense of place-attachment – Geospatial and interview evidence of how national lawyers and judges’ participation in the preliminary reference procedure is influenced by their attachment to particular court settings and cities – Consequences for European constitutionalism and future research on the uneven judicial protection of EU rights.
Highlights
The judicial dialogue between national courts and the European Court of Justice as a cornerstone of European constitutionalism – The importance of understanding how place-based identities shape national judges’ willingness to apply EU law and enter into dialogue with the European Court of Justice through the preliminary reference procedure – An interdisciplinary approach for studying lawyers and judges’ legal consciousness and sense of place-attachment – Geospatial and interview evidence of how national lawyers and judges’ participation in the preliminary reference procedure is influenced by their attachment to particular court settings and cities – Consequences for European constitutionalism and future research on the uneven judicial protection of EU rights
All social action unfolds across space: that much generates so little debate that it constitutes something of a truism
This article argues that a place-based ontology of the socio-legal world can advance the study of European constitutionalism, our understanding of national courts’ dialogue with the European Court of Justice via the preliminary reference procedure (Article 267 TFEU)
Summary
The judicial dialogue between national courts and the European Court of Justice as a cornerstone of European constitutionalism – The importance of understanding how place-based identities shape national judges’ willingness to apply EU law and enter into dialogue with the European Court of Justice through the preliminary reference procedure – An interdisciplinary approach for studying lawyers and judges’ legal consciousness and sense of place-attachment – Geospatial and interview evidence of how national lawyers and judges’ participation in the preliminary reference procedure is influenced by their attachment to particular court settings and cities – Consequences for European constitutionalism and future research on the uneven judicial protection of EU rights. The rule of law’.12 I do so by proposing and justifying an interdisciplinary framework for the study of European constitutionalism that empowers scholars to scale down to the subnational level and trace how place shapes the ways that national judges construct their positionality vis-à-vis the EU legal field and the Court of Justice.
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