Results 21 to 30 of about 7,693 (253)

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

open access: yesCroatian 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

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

open access: yesPravni 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]

open access: yesCrimen (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

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   +1 more source

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

open access: yesEuropean 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

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

open access: yesZbornik 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

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

open access: yesMizan 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

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

open access: yesCroatian 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

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

open access: yesEuropean 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

Home - About - Disclaimer - Privacy