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

Martinico, Giuseppe
July 2012
International Journal of Constitutional Law;Jul2012, Vol. 10 Issue 3, p871
Academic Journal
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.


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