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The Preliminary Ruling Procedure 2.0
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 25-42 | European Forum Insight of 19 April 2023 | (Series Information) European Papers (News of dd month yyyy) | (Table of Contents) I. Introduction. - II. How did we get
Davor Petrić
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Preliminary ruling in Serbian civil procedure [PDF]
This paper analyses the sections of the Serbian Law on Civil Procedure pertaining to the so-called procedure for preliminary adjudication of an issue of law (preliminary ruling procedure), which enable the court of first instance in an ongoing litigation
Salma Marija
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ADVISORY OPINION AND PRELIMINARY RULING PROCEDURE – A COMPARATIVE AND CONTEXTUAL NOTE
The apropos of this article is Additional Protocol No. 16 complementing to the European Convention on Protection of Human Rights and Fundamental Freedoms that recently came into force. This paper presents the main common and differing elements of two non-
Marija Daka
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The impact of EU expansion on the Preliminary Rulings Procedure [PDF]
In CILFIT (case 283/81), the European Court of Justice (ECJ) endorsed the use of the acte clair doctrine – the notion that national courts of “last resort” may decide to refrain from seeking a preliminary ruling under Article 234 (3) EC. The Court also stipulated a list of factors – the CILFIT criteria – that should be satisfied before the doctrine may
Storey, Tony
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Preliminary ruling procedure seperti yang diterapkan di Uni Eropa dapat menjadi metode alternatif dalam pelaksanaan constitutional complaint di Indonesia.
Gautama Budi Arundhati
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Reform of the Preliminary Ruling Procedure in the EU Court System [PDF]
In 2022, the Court of Justice of the European Union announced a new stage of reform of its system. In the face of an increase in the number of cases under consideration it is designed to maintain a professional and thorough approach to disputes ...
Mark L. Entin, Anastasia V. Turkina
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The Preliminary Ruling Procedure in a Nearly Six Decades Perspective [PDF]
In their ambitious monograph on preliminary ruling procedure, Marten Broberg and Niels Fenger suggest that the preliminary ruling procedure is strongly threatened by the risk of becoming a victim of its own success. This is primarily reflected in the large and growing number of references which seems to be unmanageable. Hereunder, I will consider these
Somssich, Réka
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Concept of a „court” for the purposes of the preliminary ruling procedure [PDF]
The subject of the study is the criteria for recognising a given body as a “court” for the purposes of preliminary ruling proceedings. The problem examined in the article translates directly into ensuring the right to an effective means of judicial ...
Magdalena Matusiak-Frącczak
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SHAPING EU LAW THROUGH THE PRELIMINARY RULING PROCEDURE - THE UNITED KINGDOM’S CONTRIBUTION [PDF]
Now that Article 50 of the Treaty on European Union has been triggered and negotiations regarding the withdrawal of the United Kingdom from the European Union are underway, the state’s departure from the Union is becoming a reality.
Maria-Cristina SOLACOLU
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Exceptions from the regular preliminary ruling procedure before the Court of Justice of the European Union [PDF]
For years, the Court of Justice of the European Union has been overloaded with requests for preliminary rulings, given that these proceedings make up more than three-quarters of the Court caseload.
Radivojević Zoran
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