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The obligation of national Courts against whose decision there is no judicial remedy to refer questions to the Court of Justice of the European Union

The obligation of national Courts against whose decision there is no judicial remedy to refer... Abstract 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Legal Studies de Gruyter

The obligation of national Courts against whose decision there is no judicial remedy to refer questions to the Court of Justice of the European Union

Neamt, Valentin Paul
Journal of Legal Studies , Volume 17 (31) – Jun 1, 2016
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Publisher
de Gruyter
Copyright
Copyright © 2016 by the
ISSN
2392-7054
eISSN
2392-7054
DOI
10.1515/jles-2016-0003
Publisher site
See Article on Publisher Site

Abstract

Abstract 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.

Journal

Journal of Legal Studies – de Gruyter

Published: Jun 1, 2016

References

  • de Burca - EU Law Cases and Materials th Edition University
    Paul Craig