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Anonymous Posted 15 years ago
Grammar

Help with Research Statement!

Hi guys! My name is Eugenio and I need your help with my Research Statement for a Master of Law. I am Italian and I would like to know if is there someone who can check my mistakes in the Research Statement. I'm anonymous because I'm waiting the approval of my account!
Thank you in advance

In a multilevel constitutional system, as that created by the European integration process, it is fundamental to guarantee an integration between the different layers of the judicial order. There are two main reasons that explain this need of judicial integration. First of all, judges have to face crimes that go beyond the national borders and that need transnational competences and instruments. Secondly, the presence of various levels of judicial protection necessitates the harmonization of the procedural and substantial rules governing the multilevel constitutional system.
This is what occurs in the European Union composed of different legal orders that complement each other in an osmotic process, forming a multilayered constitutional structure. In this system, legal instruments are fundamental to allow cooperation between national and European courts. As a matter of fact, spontaneous collaborative initiatives token by the judges are very important but they could not operate without procedural and organizational connections able to make effective the cooperative dialogue.
The main legal instrument of connection is the preliminary ruling, a decision of the European Court of Justice (ECJ) on the interpretation of European Treaties or the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union (art. 276 TFEU). The proceeding start with a request from a national court when ECJ's intervention is necessary to clarify an issue on European law, arisen in a case pending. The preliminary ruling has been an outstanding communication channel between the European judges and the lower courts of the Member States, while the utilization of the preliminary ruling by the Constitutional Courts has been very controversial. My research could be focused on the developing patterns of judicial cooperative relations between the highest courts, needed to realize a system of equal dignity of the legal orders.
Analyzing judicial cooperation, it is necessary to make reference to the counter-limits doctrine. The theory of counter limits represents the strong refusal of the Constitutional Courts of ECJ's monist approach in the reading of the relationship among legal orders. Despite this dualistic stance, the Constitutional guardians have never used this "weapon" because, after a competitive/cooperative dialogue, have considered sufficient the standard of human rights protection guaranteed at the European level. At the present moment, it could be very interesting to analyze the juridical innovations introduced by the Treaty of Lisbon in the area of counter limits. In fact, article 4.2 TEU operates an "Europeanization" of counter limits, stating that "the Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government". It means that when a law will breach a constitutional principle there will be a double violation, national and European. Furthermore, the EU Charter of Fundamental Rights establishes a minimum level of protection stating that no Charter provision "shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by Union law and international law and by international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States' constitutions" (art. 53). Despite this statement, it is not easy to establish the minimum level of protection because the variety of legal traditions leads to different formal and substantial definition of human rights. My research could investigate how to reach a dynamic definition and meaning of human rights and fundamental freedoms through the judicial cooperation, reading the combined provision of counter limits and the minimum level of protection.
My research will analyze all these legal innovations, including those that refer to other relevant aspects of judicial cooperation in the European Union (common constitutional traditions, the relation between the ECJ and the ECHR, etc.). I will use theoretical and empirical methods of analysis in the study of jurisprudential cases. Moreover, I will not use a descriptive approach but rather I will investigate in a constructive manner the hierarchical conflicts and the competitive and cooperative logics governing the relations between European courts. As a matter of fact, the attempt to find a way for judicial cooperation does not turn into a refusal of the judicial conflict. This last should be object of more researches because it can represent a moment of strengthen and development for the European integration process, provided that the dialogue be based on an equal and collaborative spirit.
  

Top answer

Hi Eugenio: Here are some excerpts to look at: The proceeding start with a request from a national court when ECJ's intervention is necessary to clarify an issue on European law which has arisen in a case pending. My research could be (sounds very uncertain) focused on the developing patterns of judicial cooperative relations between the highest courts, (no comma) needed to realize a system of equal dignity of the legal orders. In a nalyzing judicial cooperation, it is necessary...

  • Hi Eugenio: Here are some excerpts to look at: The proceeding start with a request from a national court when ECJ's intervention is necessary to clarify an issue on European law which has arisen in a case pending.
  • My research could be (sounds very uncertain) focused on the developing patterns of judicial cooperative relations between the highest courts, (no comma) needed to realize a system of equal dignity of the legal orders.
  • In a nalyzing judicial cooperation, it is necessary...
  • counter-limits (you need to be consistent in hyphenation.
  • ) Despite this dualistic stance, the Constitutional guardians have never used this "weapon" because, after a competitive/cooperative dialogue , they have considered sufficient the standard of human rights protection guaranteed at the European level.
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3 Answers
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Hi Eugenio:

Here are some excerpts to look at:

The proceeding start with a request from a national court when ECJ's intervention is necessary to clarify an issue on European law which has arisen in a case pending.

My research could be (sounds very uncertain) focused on the developing patterns of jud
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Thank you so much!! I thought that there were more mistakes Emotion: big smile
Then,

My research could be focused on = My research wo
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Here is a suggestion:

This last point should be object of further research as it could result in the strengthening and development of the European integration process, provided that the dialogue be based on a spirit of equality and collaboration.

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