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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 ...
Rachid Al Bitar, Noémia Bessa Vilela
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SHAPING EU LAW THROUGH THE PRELIMINARY RULING PROCEDURE - THE UNITED KINGDOM’S CONTRIBUTION [PDF]
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
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This article explores how national judges ’ reasoning in the preliminary ruling procedure varies depending on the prescriptive clarity of European Union (EU) legal frameworks. Drawing on the logic of appropriateness and the logic of expected consequences,
K. Leijon
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The effects of a preliminary ruling of the European Court of Justice [PDF]
One of the significant competences of the European Court of Justice is to issue a preliminary ruling on an issue which has been referred to this Court by the national courts of the EU Member States. In this procedure, the national courts are provided the
Raičević Nebojša
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Editorial Note: Daniel Sarmiento, Professor of EU and Administrative Law at the University Complutense of Madrid, and Editor-in-Chief of EU Law ...
Daniel Sarmiento
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Preliminary ruling procedure in the European Union Law
U ovom radu dan je kratak pregled pojma i učinka prethodnog postupka objašnjenog kroz praksu Suda EU-a. U radu su citirani dijelovi Ugovora o funkcioniranju Europske unije, zakoni o parničnom i kaznenom postupku, zakon o upravnim sporovima te poslovnik ...
Zelić, Matea
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(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
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Public prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: Introduction of the ruling of abandoning criminal prosecution [PDF]
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
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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
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Comment: The Preliminary Inquiry in Ethiopia and Its Adverse Impact on the Rights of the Accused
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
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