European constitutionalism: hierarchy, heterarchy and talking between the courts

Abstract

The author approaches the topic from different angles: phenomenological, terminological, standpoint of European constitutionalism and constitutional pluralism and in relation to the judicial dialogue. He concludes that the European constitutionalism should not be monistic and despite the fact that the national constitutional courts are not confronted with a hierarchical European constitutionalism, they cannot neglect it and in the case of a potential conflict of the fonal interpreters they should actively initiate the judicial dialogue.

Keywords

• constitutionalism
• judicial dialogue