Results 21 to 30 of about 73,579,352 (144)

Article 108(2) TFEU as a Tool for the Commission to Bypass Article 258 TFEU Proceedings [PDF]

, 2018
The legal basis the European Commission (EC) choses for its actions when it finds a Member State’s action (or inaction) to be in breach of its obligations stemming from its EU membership vary in different fields of law.
Rzotkiewicz, Marek
core   +1 more source

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

Review 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
doaj   +1 more source

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

German 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

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]

Yearbook 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
doaj  

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

European 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
doaj   +1 more source

To Be or Not to Be a Worker: Legal Uncertainty and Precarious Employment in the European Union

JCMS: Journal of Common Market Studies, EarlyView.
Abstract Precarious employment has gradually moved onto the European Union (EU) policy agenda, so far culminating in the proclamation of the European Pillar of Social Rights (the Pillar). However, the effectiveness of these renewed social ambitions is challenged by legal uncertainty and entangled in ongoing political and legal disputes over the ...
Dorte Sindbjerg Martinsen, Lucía López Zurita, Urška Šadl   +2 more
wiley   +1 more source

When Compromise Becomes Standoff: Joint Implementation and the Case of the European Public Prosecutor's Office

Governance, Volume 39, Issue 3, July 2026.
ABSTRACT This article explores endogenous problems of joint implementation in multi‐level systems. Focusing on the European Public Prosecutor's Office (EPPO), we theorize a causal mechanism of conflict deferral, whereby contentious negotiations are resolved through deliberately ambiguous legislation that postpones conflict to the implementation stage ...
Adina Akbik, Ana Bobic, Christian Freudlsperger, Marta Migliorati   +3 more
wiley   +1 more source

Implementing China and Hong Kong's Preliminary Reference System: Transposability of Article 267 TFEU Principles [PDF]

, 2014
Article 158(3) of Hong Kong’s post-handover constitution stipulates a preliminary reference procedure that was modelled upon article 267 of the Treaty on the Functioning of the European Union (“TFEU”). In the first 16 years of its life, Hong Kong’s Court
Chan, CSW
core  

Obligation to Refer or to State Reasons for Non-Referral under Article 267(3) TFEU: Between Ideals and Reality, Distrust and Encouragement

Gdańskie Studia Prawnicze
Déjà vu: the CJEU rejects the Advocate General’s proposal to revisit the contested CILFIT doctrine. Instead, it confirms its position from C-152/17, Consorzio, that courts of last instance are required to provide reasons for not making a reference under ...
Mohor Fajdiga
doaj   +1 more source

Luxembourg Has Spoken: Polish and Dutch Judges' Satisfaction With Rule of Law Judgements of the Court of Justice of the EU

JCMS: Journal of Common Market Studies, Volume 64, Issue 4, Page 1405-1430, July 2026.
Abstract The last decade has witnessed a substantial increase in case law of the Court of Justice of the European Union (hereafter: ECJ or Court) concerning the rule of law. This expansion in case law reflects the significant challenges to the rule of law that have arisen in recent years. Several EU member states have implemented measures that severely
Urszula Jaremba, Jasper Krommendijk
wiley   +1 more source