Results 11 to 20 of about 148 (139)

THE PRINCIPLE OF AUTONOMOUS INTERPRETATION AND LIMITS OF MEMBER STATES' COURTS IN INTERPRETING EU LAW [PDF]

open access: yesChallenges of the Knowledge Society, 2023
As EU law has become richer in terms of quantity and quality, the number of disputes which fall within the jurisdiction of the Member States’ courts has increased, as has the complexity of the issues raised by the parties to these disputes, in which ...
Marian GOCIU
doaj  

No Preliminary References from Dutch Overseas Judges: Is It Tambu or Tumba Dancing with the Court of Justice?

open access: yesEuropean Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 755-775 | Article | (Table of Contents) I. Introduction. - II. Study design and research method. - III. Dutch Caribbean case law and legislation concerning EU law.
Wessel Geursen
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Position of the arbitration tribunals in the EU legal order [PDF]

open access: yesStrani pravni život, 2018
The EU Treaties provide that only courts and tribunals from Member States may raise a question on the interpretation and validity of EU law to the Court of Justice of the EU (267 EU). The reference for a preliminary ruling is an important procedure whose
Vukadinović-Marković Jelena
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Article 267 TFEU

open access: yes, 2019
Article 234 EC The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings.
openaire   +2 more sources

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

open access: yesJournal of Legal Studies, 2016
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 ...
Neamt Valentin Paul
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Suspension of the Main Proceedings and Referral for a Preliminary Rul-ing. Gloss to the Judgment of the CJEU in Case C-176/22, Bk And ZhP, of 17 May 2023

open access: yesReview of European and Comparative Law
The preliminary reference as an appeal of the Court of Justice of the European Union presents many complexities and complicated interpretations over time, given that we have a national judge in the scene of the appeal process, often creating problems but
Dimitris Liakopoulos
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Insights from the Slovak banking cartel case. Case comment to the preliminary ruling of the Court of Justice of the European Union of 7 February 2013 Protimonopolný úrad Slovenskej republiky v Slovenská sporiteľňa a.s. (Case C-68/12) [PDF]

open access: yesYearbook of Antitrust and Regulatory Studies, 2014
By the decision of 9 June 2009, the Antimonopoly Office of the Slovak Republic (Protimonopolný úrad Slovenskej republiky, hereafter AMO) has found that three major Slovak banks had infringed Article 81 TEC (now Article 101 TFEU) as well as the applicable
Beata Mäihäniemi
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The Unfolding Story of Judicial Dialogue in the EU: The Coercive and Persuasive Motives Behind the Participation of Belgian Highest Courts in the Preliminary Ruling Procedure

open access: yesGerman Law Journal
The story of national judges’ participation in the process of dialogue with the Court of Justice of the European Union (ECJ) pursuant to Article 267 TFEU is a well-known one.
Urszula Jaremba, Marleen Kappé
doaj   +1 more source

The Questions That Never Came: How National Judges Use Their Discretion in the Preliminary Ruling Procedure

open access: yesEuropean Journal of Empirical Legal Studies
While domestic judges ultimately decide whether to refer questions to the Court of Justice of the European Union (CJEU), little is known about how the idea to refer is introduced in national litigation or about the decision (not) to refer.
Isak Nilsson
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