Journal Article

Multiple loyalties and dual preliminarity: The pains of being a judge in a multilevel legal order

Giuseppe Martinico

in International Journal of Constitutional Law

Published on behalf of The New York University School of Law

Volume 10, issue 3, pages 871-896
Published in print July 2012 | ISSN: 1474-2640
Published online July 2012 | e-ISSN: 1474-2659 | DOI: http://dx.doi.org/10.1093/icon/mos027
Multiple loyalties and dual preliminarity: The pains of being a judge in a multilevel legal order

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This article deals with the multiple loyalties of national judges in multilevel contexts, and focuses on the particular issue of dual preliminarity (doppia pregiudizialità) by examining some selected cases taken from national and supranational case law.

Dual preliminarity refers to those cases where national judges simultaneously raise both the preliminary question to the Court of Justice of the European Union (concerning the validity or interpretation of an EU act) and the question of constitutionality (regarding the validity of a national norm) to their own constitutional court.

I will analyze the issue of dual preliminarity both from the perspective of the national judges and from the perspective of their Constitutional Courts. This article is structured as follows: I first introduce the issue of dual loyalty of national judges by looking at selected cases; then I move to the discussion of dual preliminarity.

Journal Article.  14087 words. 

Subjects: Constitutional and Administrative Law ; UK Politics

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