The present paper presents the obligation that courts in the member states of the European Union have to refer questions to the Court of Justice of the European Union, with a focus on courts against whose decision there is no judicial remedy under national law. The paper starts by presenting the applicable framework regarding the preliminary reference procedure, then focuses on analyzing the exceptions to national court’s duty under article 267 TFEU, with a focus on the direction in which the case law is heading based on the most recent judgments handed down by the Court of Justice of the European Union in 2015, finally presenting the author’s conclusions and observation on the subject
The Hypotheticality of a Preliminary Reference to the Court of Justice of the EU as a Viewpoint of i...
The preliminary reference procedure is today the ‘infringement procedure of the European citizen’. A...
This article deals with the issues concerning the communication between the national courts of the E...
According to decentralized character of the EU legal system, national courts are the ordinary courts...
The article deals with the question whether a state might be held liable for the infringement of th...
Special Issue on 'CJEU'Although national courts of last instance are subject to a duty to refer unde...
One of the legal tools used by the Court of Justice of the European Union in its jurisdictional syst...
The topic of this thesis is the preliminary ruling institution found in article 234 EC and especiall...
Where Is the Referring National Court at the CJEU’s Oral Hearing? The short answer to this question ...
One of the most recently debated issues about the preliminary ruling procedure is about State liabil...
The article discusses the possible consequences that can be faced by a Member State of the European ...
The purpose of this article is to decide whether Lithuania suitably exercises the duty arising from ...
European Court Judicial decisions are binding for all national courts, including the highest courts ...
This article deals with the consequences of breach of the duty to make a reference for a preliminary...
The starting point and reoccurring theme of this work is the accommodation of the effective judicial...
The Hypotheticality of a Preliminary Reference to the Court of Justice of the EU as a Viewpoint of i...
The preliminary reference procedure is today the ‘infringement procedure of the European citizen’. A...
This article deals with the issues concerning the communication between the national courts of the E...
According to decentralized character of the EU legal system, national courts are the ordinary courts...
The article deals with the question whether a state might be held liable for the infringement of th...
Special Issue on 'CJEU'Although national courts of last instance are subject to a duty to refer unde...
One of the legal tools used by the Court of Justice of the European Union in its jurisdictional syst...
The topic of this thesis is the preliminary ruling institution found in article 234 EC and especiall...
Where Is the Referring National Court at the CJEU’s Oral Hearing? The short answer to this question ...
One of the most recently debated issues about the preliminary ruling procedure is about State liabil...
The article discusses the possible consequences that can be faced by a Member State of the European ...
The purpose of this article is to decide whether Lithuania suitably exercises the duty arising from ...
European Court Judicial decisions are binding for all national courts, including the highest courts ...
This article deals with the consequences of breach of the duty to make a reference for a preliminary...
The starting point and reoccurring theme of this work is the accommodation of the effective judicial...
The Hypotheticality of a Preliminary Reference to the Court of Justice of the EU as a Viewpoint of i...
The preliminary reference procedure is today the ‘infringement procedure of the European citizen’. A...
This article deals with the issues concerning the communication between the national courts of the E...