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The Preliminary Ruling Procedure 2.0

open access: yesEuropean Papers, 2023
(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
doaj   +3 more sources

Preliminary ruling in Serbian civil procedure [PDF]

open access: yesZbornik Radova: Pravni Fakultet u Novom Sadu, 2012
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
doaj   +3 more sources

ADVISORY OPINION AND PRELIMINARY RULING PROCEDURE – A COMPARATIVE AND CONTEXTUAL NOTE

open access: yesPravni Vjesnik, 2020
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
doaj   +4 more sources

The impact of EU expansion on the Preliminary Rulings Procedure [PDF]

open access: yes, 2008
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
openaire   +2 more sources

Kemungkinan Penerapan Preliminary Ruling Procedure sebagai Media Constitutional Complaint di Mahkamah Konstitusi

open access: yesJurnal Konstitusi, 2018
Preliminary ruling procedure seperti yang diterapkan di Uni Eropa dapat menjadi metode alternatif dalam pelaksanaan constitutional complaint di Indonesia.
Gautama Budi Arundhati
doaj   +3 more sources

Reform of the Preliminary Ruling Procedure in the EU Court System [PDF]

open access: yesСовременная Европа
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
doaj   +2 more sources

The Preliminary Ruling Procedure in a Nearly Six Decades Perspective [PDF]

open access: yesHungarian Yearbook of International Law and European Law, 2018
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
openaire   +4 more sources

Concept of a „court” for the purposes of the preliminary ruling procedure [PDF]

open access: yesPrzegląd Europejski
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
doaj   +2 more sources

SHAPING EU LAW THROUGH THE PRELIMINARY RULING PROCEDURE - THE UNITED KINGDOM’S CONTRIBUTION [PDF]

open access: yesChallenges of the Knowledge Society, 2018
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
doaj   +1 more source

Exceptions from the regular preliminary ruling procedure before the Court of Justice of the European Union [PDF]

open access: yesZbornik Radova Pravnog Fakulteta u Nišu, 2014
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
doaj   +1 more source

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