Results 31 to 40 of about 3,297,721 (257)

Affect and criminal responsibility [PDF]

Zbornik Radova: Pravni Fakultet u Novom Sadu, 2017
In this article the author deals with an issue of relationship between the affect and criminal responsibility. In order to provide a multi-angle approach to analysis of this issue the author resorted to multidisciplinary - criminal law and psychiatric ...
Drakić Dragiša S., Milić Ivan D.
doaj   +1 more source

Openness towards European Law and Cooperation with the Court of Justice Revisited: The Bundesverfassungsgericht Judgment of 21 June 2016 on the OMT Programme

European Papers, 2016
(Series Information) European Papers - A Journal on Law and Integration, 2016 1(2), 395-403 | Overview | (Table of Contents) I. Introduction. - II. The evolving relationship between the German Federal Constitutional Court and the CJEU under the ultra ...
Massimo Starita
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
  +4 more sources

The scope ratione temporis of the interpretative rulings of the ECJ : should the temporal limitation still be a strict derogation from retroactive effects? [PDF]

, 2023
Special Issue on 'CJEU'Published online: 19 December 2023This article investigates the European Court of Justice's practice of limiting the temporal effects of its interpretative preliminary rulings in EU law, focusing on two main aspects.
CECCHETTI, Lorenzo, Lorenzo Cecchetti
core   +1 more source

"In the court(s) we trust?" on the need for hierarchy and differentiation in the preliminary ruling procedure

, 2007
Outlines arguments in favour of restricting the power to seek preliminary rulings from the European Court of Justice to national courts of last resort and considers how opposition to such a policy may arise from distrust of national courts and their ...
Komárek, Jan
core   +5 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   +1 more source

THE MEANING OF NATIONAL COURT IN ARTICLE 267 TFEU AND THE IMPORTANCE OF THE COURT’S INDEPENDENCE [PDF]

Challenges of the Knowledge Society, 2019
The notion of “court or tribunal of a Member State” in Article 267 of the Treaty on the Functioning of the European Union has been given an autonomous meaning by the Court of Justice of the European Union (CJEU), resulting from its rich case-law of ...
Iuliana-Mădălina LARION
doaj  

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

EU Procedural Law Revisited: The Reformed EU Judicial Architecture between the Statute of the Court of Justice and the Rules of Procedure

European Papers
(Series Information) European Papers - A Journal on Law and Integration, 2025 10(2), 293-326 | Article | (Table of Contents) 1. Introduction: scope and purposes of the analysis. – 2.
Lorenzo Grossio, Davor Petrić
doaj   +1 more source

Preliminary ruling in Serbian civil procedure [PDF]

Zbornik radova Pravnog fakulteta, Novi Sad, 2012
This paper analyses the sections of the Serbian Law on Civil Procedure pertaining to the so-called procedure for preliminary adjudication of an issue of law (preliminary ruling procedure), which enable the court of first instance in an ongoing litigation to submit a request to the Supreme Court of Cassation to take a principal stand, according to the ...
openaire   +2 more sources