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The preliminary ruling procedure in Serbian civil litigation: The subject and its characteristics [PDF]

Zbornik Radova: Pravni Fakultet u Novom Sadu
The preliminary ruling procedure in Serbian civil litigation is initiated ex officio by the first-instance court during an ongoing proceeding. This process requires the Supreme Court to interpret legal rules or address legal gaps to ensure uniformity of ...
Jokić Olivera Ž.
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

Preliminary Ruling Procedure:

Ars æqui
The preliminary ruling procedure, enshrined in Article 267 of the Treaty on the Functioning of the European Union (TFEU), stands as a fundamental mechanism of judicial cooperation and legal integration. While seemingly a technical legal tool, it is, in practice, the primary engine of a unique legal order that navigates and resolves the inherent ...
Al Bitar, Rachid, Noémia Rute Peres de Bessa Vilela   +1 more
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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

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

Dual Preliminarity Within the Scope of the EU Charter of Fundamental Rights in the Light of Order 182/2020 of the Italian Constitutional Court

European Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1463-1476 | European Forum Insight of 25 November 2020 | (Table of Contents) I. Introduction. - II.
Nicole Lazzerini
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

Defending the Rule of Law or Reality Based Self-defense? A New Polish Chapter in the Story of Judicial Cooperation in the EU

European Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 851-869 | Article | (Table of Contents) I. Introduction. - II. Theoretical framework: why national judges participate in judicial dialogue with the CJEU. - III. Judiciary
Urszula Jaremba
doaj   +1 more source

Reflexiók a jogegységi panasz kezdeti működésére, különös tekintettel az első indokolatlan eltérést megállapító jogegységi panasz határozatra (Reflections on the early wokrings of the uniformity complaint procedure with special attention given to the first decision determining unjust deviation)

KözigazgatásTudomány, 2023
A considerable change happened in the role of the Curia as the highest court responsible for uniformity of the application of law. With the restricted precedent system coming into effect in 2020.
Ferenc Csibor
doaj   +1 more source

Practical Considerations Regarding the Preliminary Ruling Procedure Under Article 177 of the EEC Treaty [PDF]

, 1986
Part I of this Article considers the role played by the preliminary ruling procedure in the context of the Community legal system as a whole. Part II discusses the types of questions that may be appropriately referred to the Court for preliminary ruling.
Dauses, Manfred A.
core   +1 more source