Results 11 to 20 of about 7,790 (254)

To Refer or Not to Refer, That Is the (Preliminary) Question: Exploring Factors Which Influence the Participation of National Judges in the Preliminary Ruling Procedure

Croatian Yearbook of European Law and Policy, 2020
This paper explores factors that either motivate or constrain national judges’ participation in the preliminary ruling procedure. By incorporating insights and evidence from American judicial politics literature and drawing from three models of judicial ...
Monika Glavina
doaj   +1 more source

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

Pravni 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   +1 more source

INTERPRETATION OF THE SUBJECT CHANGE OF PUBLIC PROCUREMENT CONTRACTS BASED ON SUCCESSION THROUGH JUDGMENT NO C-461/20 OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

Pravni Vjesnik, 2023
During the performance of public procurement contracts such circumstances may arise that require modification of the original conditions. The freedom of classical public law contracts may not predominate as a result of the European Union directive ...
Zsolt Pfeffer
doaj   +1 more source

Public prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: Introduction of the ruling of abandoning criminal prosecution [PDF]

Crimen (Beograd), 2021
In preliminary proceedings, for which for the purposes of this paper we mean part of the procedure in which authority conducting proceedings is public prosecutor, prosecutor's offices in Serbia have been making decisions for ten years that according to ...
Vuković Nikola
doaj   +1 more source

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

Jurnal 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   +1 more source

When Two Preliminary Questions Result in One and Half Answers: A 'Constitutional Tragedy' in Four Acts

European Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 911-930 | Article | (Table of Contents) I. Introduction. - II. How the story unfolded: the four acts of the "constitutional tragedy". - II.1.
Mariolina Eliantonio, Chiara Favilli
doaj   +1 more source

Comment: The Preliminary Inquiry in Ethiopia and Its Adverse Impact on the Rights of the Accused

Mizan Law Review, 2020
Whether preliminary inquiry should be conducted following completion of criminal investigation was one of the issues that arose in criminal proceedings of leaders of some opposition parties who were arrested (in June and July 2020) following the ...
Wondwossen Demissie Kassa
doaj   +1 more source

The Reality of National Judges as EU Law Judges: Knowledge, Experiences and Attitudes of Lower Court Judges in Slovenia and Croatia

Croatian Yearbook of European Law and Policy, 2021
With a Member State’s accession to the EU, national judges acquire new powers as well as responsibilities. National judges as ‘juges communautaire de droit commun’ are expected to uphold the principle of EU law supremacy; interpret national law in ...
Monika Glavina
doaj   +1 more source

Judicial Hierarchy in the Preliminary Ruling Procedure: Exploring the Relationship Between the First and Second Instance Courts

European Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 799-823 | Article | (Table of Contents) I. Introduction. - II. Debates on cross-court divergences. - II.1. Legal explanation. - II.2.
Monika Glavina
doaj   +1 more source

THE PRELIMINARY RULING PROCEDURE AND THE IDENTITY REVIEW

EU AND COMPARATIVE LAW ISSUES AND CHALLENGES SERIES, 2017
Constitutional identity, as enshrined in Article 4(2) TEU might theoretically open up the possibility for EU Member States to refuse fulfilling certain obligations under EU law by referencing certain, as if yet not clearly defined elements of constitutional identity.
Tímea Drinóczi, Ágoston Mohay
openaire   +1 more source