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The labyrinth of the preliminary reference. What is the role of the parties in the current procedural system of the European Union?

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European Court of Justice and preliminary reference procedure today: national judges, please behave!

, 2014
Preliminary ruling procedure is the area where the peculiar relationship between national judge and EU judge shapes itself in terms of veritable ‘co-jurisdiction’. This co-jurisdiction means also that each judge must shoulder his own responsibilities.
D.U. Galetta
exaly   +4 more sources

The European Commission's Own ‘Preliminary Reference Procedure’ in Competition Cases?

European Law Journal, 2010
AbstractThis article considers the implications of the European Commission, as primary administrative enforcer of competition law in the Union, using its own ‘preliminary reference procedure’, through observations in national court proceedings under Council Regulation 1/2003, to minimise the risks of divergent application of EU anti‐trust rules under ...
Kathryn Wright, Wright, Kathryn
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Amending the Preliminary Reference Procedure for the Administrative Judge

Review of European Administrative Law, 2009
This article analyzes the Report on the Preliminary Reference Procedure prepared by the Association of the Councils of State and Supreme Administrative Jurisdictions of the EU on 2008. It explores the proposals submitted by the higher national administrative courts, and develops in a critical light the main points of the Report.
exaly   +2 more sources

Legal Certainty in the Preliminary Reference Procedure

, 2022
This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice.
Cotter, John
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Evolutive Direct Effect and the Preliminary Reference Procedure

Abstract Chapter II dwells on the complementarity between direct effect and the preliminary ruling procedure. Indeed, the chapter explicates that through the interpretative preliminary reference mechanism and by virtue of the erga omnes effects of preliminary rulings, the Court of Justice not only exercises a monopoly over the ...
exaly   +2 more sources