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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 

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