Results 11 to 20 of about 227,636 (286)

Power Talk: Effects of Inter-Court Disagreement on Legal Reasoning in the Preliminary Reference Procedure

European Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 887-910 | Article | (Table of Contents) I. Introduction. - II. Conceptual framework and terminology. - III. Data and research design. - III.1. The dataset.
Anna Wallerman Ghavanini
doaj   +2 more sources

REFERENCE FOR A PRELIMINARY RULING ON CJEU: THOUGHTS AND OBSERVATIONS IN CRIMINAL MATTERS

Revista de Estudos Jurídicos da UNESP, 2020
Purpose of this investigation is to give answers and make a technical/procedural overview on preliminary reference in criminal matters as well as to examine the application of art. 267 TFEU in the context of criminal proceedings.
Dimitris Liakopoulos
doaj   +3 more sources

The ECJ Preliminary Reference Procedure: Two to Tango? [PDF]

European Taxation
This article comments on the dialogue and cooperation between the ECJ and the referring court in the context of a preliminary ruling procedure. The author discusses how the ECJ and the referring court can influence and improve this relationship. Important elements of dialogue include questions, answers and process.
Ros, Erik; id_orcid
openaire   +3 more sources

Trust Issues? Article 99 RoP Reasoned Orders in the Preliminary Reference Procedure

Erasmus Law Review
This article explores reasoned orders issued by the Court of Justice (the Court) to reply to preliminary references of the national courts in the procedure for a preliminary ruling of Article 267 TFEU. Reasoned orders allow the Court to reply in a swiftly manner to preliminary references that raise no doubts.
MOBILE - Center of Excellence for Global Mobility Law, Lucía López Zurita   +1 more
core   +4 more sources

PRELIMINARY REFERENCE PROCEDURE – THE RIGHT, THE DUTY AND EXCEPTIONS

InterEULawEast : Journal for the international and european law, economics and market integrations, 2014
According to decentralized character of the EU legal system, national courts are the ordinary courts in matters of EU law and should as such guarantee effective legal protection of individual’s rights deriving from EU law. To ensure uniform application of EU law provisions and especially to prevent possible divergent interpretations, a preliminary ...
Turičnik, Edita, Edita Turičnik
openaire   +3 more sources

The Caribbean Court of Justice at a crossroad:The Caribbean reference procedure of the CCJ in light of the preliminary reference procedure of the CJEU [PDF]

, 2023
Why has the reference procedure of the Caribbean Court of Justice (CCJ) remained inactive considering that it was inspired by the preliminary reference procedure of the Court of Justice of the European Union (CJEU)? This is quite puzzling because despite
Asarfi, Jacintha
core   +2 more sources

From the duty to refer to the duty to state reasons : the past, present and future of the preliminary reference procedure [PDF]

, 2023
Special Issue on 'CJEU'Published online: 19 December 2023Although national courts of last instance are subject to a duty to refer under Article 267, paragraph 3, TFEU, the Court of Justice has significantly qualified that duty since Cilfit, thereby ...
MILLET, François-Xavier
core   +2 more sources

Are You Networked Yet? On Dialogues in European Judicial Networks

Utrecht Law Review, 2012
This article critically examines the functioning of European judicial networks as one modality of transnational dialogues between judges. In order to provide a conceptual framework, we first explore the meaning of the concepts of 'network', 'dialogue ...
Monica Claes, Maartje de Visser
doaj   +1 more source

The preliminary reference procedure: challenge or opportunity? [PDF]

Recht der Werkelijkheid, 2015
The preliminary reference procedure: challenge or opportunity? This contribution approaches the theme of access to justice from an EU law perspective and deals with the question: to what extent can the preliminary reference procedure serve as an empowering tool for individuals and civil society?
openaire   +4 more sources

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

European 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
doaj   +1 more source