Judicial Dialogue between National Constitutional Judges and EU Judges in the Context of the Single Supervisory Mechanism: Opportunity for a Reverse Preliminary Ruling?

Abstract

The article analyzes the consequences of the recognized exclusive jurisdiction of the Court of Justice of the European Union in some common procedures carried out within the Single Supervisory Mechanism and the limits of the incidental control of the Court of Justice on the legality of the preparatory acts adopted by the National Competent Authorities. Particular attention is paid to a speculative analysis regarding a reverse preliminary reference, from the EU judge to the national one, as a possible corrective of the breach of the right to an effective judicial protection, analyzing the possible balancing between EU values, national identity and national and supranational autonomy.