Results 21 to 30 of about 257 (98)

A Dialogue of Unequals – The European Court of Justice Reasserts National Courts’ Obligations under Article 267(3) TFEU

European Constitutional Law Review, 2019
In a judgment delivered on 4 October 2018,1 the European Court of Justice (‘the Court’) ruled for the first time that a failure by a national court adjudicating as the court of last instance to make a preliminary reference constitutes an infringement ...
Araceli Turmo
semanticscholar   +1 more source

Alcune criticità della tutela giurisdizionale multilevel [PDF]

, 2022
This paper examines some critical aspects of the judicial protection offered by the supranational courts (Strasbourg and Luxembourg). In particular, reference is made respectively to Protocol 16 of the ECHR and to the obligatory preliminary reference to ...
Anna Maria Nico
core  

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

PRELIMINARY REFERENCE PROCEDURE AND THE SCOPE OF JUDICIAL REVIEW OF THE EUROPEAN COURT OF HUMAN RIGHTS

EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES, 2019
The purpose of this paper is to examine the scope of the ECtHR’s review of preliminary reference procedure provided for in Article 267 TFEU, insofar as it concerns the right to a fair trial and other procedural safeguards read into substantive rights of ...
Helena Majić, Ljerka Mintas Hodak
semanticscholar   +1 more source

Între eficienţă și uniformitate: mecanismul trimiterilor preliminare, Doctrina Acte Clair și valorile UE Between Efficiency and Uniformity: The Preliminary Ruling Mechanism, Acte Clair Doctrine, and the Values of the EU

Analele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice
This paper aims to highlight the indispensable role of the preliminary ruling mechanism (Article 267 of the Treaty on the Functioning of the European Union, hereinafter TFEU) in the process of legislative harmonization within the European Union.
Sabina SAFTA-ROMANO
doaj   +1 more source

The 2024 Reform of the EU Judicial System and the Transformation of the Court of Justice into a Constitutional Court

European Papers
(Series Information) European Papers - A Journal on Law and Integration, 2025 10(3), 837-862 | Article | (Table of Contents) 1. Introduction. – 2. Approaching constitutionalisation. – 3.
Tanja Hilpold
doaj   +1 more source

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

German Law Journal, 2015
The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).
Clelia Lacchi
semanticscholar   +1 more source

De verwijzingsplicht van de hoogste rechters in Nederland en de Cilfit-controverse. Prejudicieel verwijzen of niet? [PDF]

Ars Aequi, 2019
Contains fulltext : 204103.pdf (Publisher’s version ) (Open Access)
Krommendijk, J., Langer, J.
openaire   +2 more sources

Circles of Coherence: On Unity of Case-Law in the Context of Globalisation

European Constitutional Law Review, 2010
Arcelor ruling – Legal pluralism in European integration – Judicial law-making transcending hierarchy – Role of courts for legal unity – Autonomy of courts under different mandates – Joint responsibility for legal coherence – Councils of State Report ...
A. Meij
semanticscholar   +1 more source

Problematic aspects of the C.I.L.F.I.T. criterions enshrined in the CJEU's judgement [PDF]

, 2015
The topic of the thesis are CILFIT criterions. These criterions were established by the Court of Justice of the European Union as conditions for application of the acte clair doctrine by national courts of last resort. The conditions determine situations
Sviatkin, Ivan
core