Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-08T10:21:28.997Z Has data issue: false hasContentIssue false

Landtová, Holubec, and the Problem of an Uncooperative Court: Implications for the Preliminary Rulings Procedure

Published online by Cambridge University Press:  15 April 2014

Abstract

The ultra vires judgment of the Czech Constitutional Court in Holubec and its significance - Evolution and unfolding of Czechoslovak pension saga - Landtová judgment of the Court - Later developments and approaches of the various actors - Holubec as a revolt that did not take place - Broader structural implications for the preliminary ruling procedure and its reform - The functions of the preliminary rulings procedure - Atomisation of national judicial hierarchies and its consequences - Voice and representation before the Court - The role of governmental agent in proceedings before the Court - Law-making without representation - The position of constitutional courts in the European judicial system - When judicial cooperation turns uncooperative - Conceptualizing judicial non-cooperation and disobedience.

Type
Articles
Copyright
Copyright © T.M.C. Asser Press and the Authors 2014 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)