Results 11 to 20 of about 108,725 (205)

The Dutch Preliminary Ruling Procedure in the Light of the European Directive on Representative Actions [PDF]

International Journal of Procedural Law
Abstract Dutch civil law allows courts of first and second instance to refer preliminary questions to the Supreme Court. In mass claim disputes there may be a concurrence between the safeguards of the preliminary ruling procedure and the protection provided by Directive 2020/1828 on representative actions for the protection of the collective interests ...
Castermans, A.G., Krans, H.B., Ploum, M.J.R.   +2 more
semanticscholar   +6 more sources

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

Hungarian 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
Réka Somssich
semanticscholar   +4 more sources

European “Judicial Monologue” of the Czech Constitutional Court – a Critical Review of its approach to the Preliminary Ruling Procedure [PDF]

International and Comparative Law Review, 2019
Summary The paper analyses the use of the preliminary ruling procedure by the Czech Constitutional Court and the attitude of this court towards the EU law.
David Sehnalek, Václav Stehlik
exaly   +3 more sources

The Preliminary Ruling Procedure: Old Problems or New Challenges?

SSRN Electronic Journal, 2016
This paper is a revised and updated (till 1 December 2016) version of Professor Jurian Langer's inaugural lecture held on 31 March 2015. The paper focuses on the preliminary ruling procedure of Article 267 of the Treaty on the Functioning of the European Union. This procedure gives every national court the power – and even imposes an obligation on some
J. Langer
semanticscholar   +4 more sources

Between interpretation and application: case-specific CJEU judgments in the preliminary ruling procedure

Nordic Journal of European Law, 2023
The division of roles between the CJEU and national courts in the preliminary ruling procedure is clearly defined, at least on paper. The CJEU interprets EU law and the referring national court applies this interpretation to the case pending before it.
Jasper Krommendijk
openaire   +3 more sources

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   +2 more sources

The Questions That Never Came: How National Judges Use Their Discretion in the Preliminary Ruling Procedure

European Journal of Empirical Legal Studies
While domestic judges ultimately decide whether to refer questions to the Court of Justice of the European Union (CJEU), little is known about how the idea to refer is introduced in national litigation or about the decision (not) to refer.
Isak Nilsson
doaj   +2 more sources

The highest Dutch courts and the preliminary ruling procedure: Critically obedient interlocutors of the Court of Justice

European Law Journal, 2019
Little is known about the motives of national courts to request a preliminary ruling from the Court of Justice of the EU (CJEU) or their satisfaction with and implementation of answers.
Jasper Krommendijk
exaly   +2 more sources

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   +2 more sources

The Unfolding Story of Judicial Dialogue in the EU: The Coercive and Persuasive Motives Behind the Participation of Belgian Highest Courts in the Preliminary Ruling Procedure

German Law Journal
The story of national judges’ participation in the process of dialogue with the Court of Justice of the European Union (ECJ) pursuant to Article 267 TFEU is a well-known one.
Urszula Jaremba, Marleen Kappé
doaj   +2 more sources