Lunch seminar with Sofiya Kartalova – University of Copenhagen

iCourts > Events > Lunch seminar with Sof...

Lunch seminar with Sofiya Kartalova

Strategic Ambiguity Resolution as an Opportunity to Explore the Dynamics of Trust in the Dialogue between the European Court of Justice and the Spanish Constitutional Court

Abstract:

I intend to explore the phenomenon of ambiguity in both legal and linguistic terms in relation to the Spanish Constitutional Court’s Declaration 1/2004[1] and the European Court of Justice’s preliminary ruling in the case of Stefano Melloni v Ministerio Fiscal (2013, Case C-399/11)[2]. The ambiguity resolution the courts engage in through judicial interpretation on each of these occasions might be seen as indicative of strategic decision-making in regards to the implementation of the authority of EU law on a systemic level. More importantly, these strategic choices have profound implications for the preservation, the disruption and the conditions of the relationship of trust between the actors.

All interested are welcome to attend. Registration is not necessary.


[1] I delivered a presentation on the example of strategic ambiguity resolution in Declaration 1/2004 under the topic “The Strategic Value of Ambiguity for the Authority of EU Law in the Dialogue between the European Court of Justice and the National Courts”, as part of Panel 123:“The Limits of Judging” at the “Courts, Power, Public Law” Conference (ICON-S Annual Meeting), 5th – 7th July 2017, Copenhagen, organised by the International Society of Public Law (ICON-S).

[2] I delivered a presentation on the example of strategic ambiguity resolution in Stefano Melloni v Ministerio Fiscal (Case C-399/11) under the topic “The Strategic Value of Ambiguity for the Authority of EU Law in the Dialogue between the European Court of Justice and the National Courts” as part of Panel: “Pragmatics in Legal Linguistics” at the “Language and Law in a World of Media, Globalisation and Social Conflicts. Refounding the International Language and Law Association (ILLA) to make law more transparent” Conference, 7th – 9th September 2017, University of Freiburg, Germany, organised by the International Language and Law Association (ILLA). Lastly, in November 2017, I delivered a presentation titled “The European Court of Justice’s Strategic Ambiguity Resolution in the Case of Stefano Melloni v Ministerio Fiscal (2013) as an Opportunity for Exploring the Dynamics of Trust in the EU Legal Order”, as part of an interdisciplinary workshop on the topic of “Trust-Building in International Relations: The Relevance of Ambiguity” at RTG1808: “Ambiguity – Production and Perception” at Eberhard Karls Universität Tübingen.