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 deals with the issues concerning the communication between the national courts of the European Union Member States and the Court of Justice of the European Union via the preliminary ruling procedure.
Milinis Albertas +1 more
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The impact of EU expansion on the Preliminary Rulings Procedure
In CILFIT (case 283/81), the European Court of Justice (ECJ) endorsed the use of the acte clair doctrine – the notion that national courts of “last resort” may decide to refrain from seeking a preliminary ruling under Article 234 (3) EC. The Court also stipulated a list of factors – the CILFIT criteria – that should be satisfied before the doctrine may
Storey, Tony
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The present paper aims at sustaining the concept regarding the possibility of examining the lawfulness, in the preliminary chamber, of court orders issued by a judge for rights and freedoms through which technical surveillance measures were authorized.
Sandra Gradinaru
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Legal Certainty in the Preliminary Reference Procedure
This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice.
Cotter, John
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Preliminary Rulings and Judicial Politics [PDF]
Considers how judicial politics are affecting the preliminary rulings procedure, focusing in particular on some recent decisions of the European Court of ...
Anthony Arnull, Arnull, Anthony
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The development of EU private international law as means of realization of its objectives [PDF]
This paper offers an overview of the origin and development of Europeanized private international law as the part of union law. The name Europeanized private international law is derived from the method and degree of harmonization of the matter which ...
Bordaš Bernadet I.
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Comparing the procedures and practice of judicial dialogue in the US and the EU : effects of US unconstitutionality and EU's preliminary interpretative rulings [PDF]
Special Issue on 'CJEU'Published online: 19 December 2023The article investigates the role and powers of the Supreme Court of the United States (SCOTUS) and the European Court of Justice (ECJ) when a conflict between 'federal'/EU and State law arises. It
NICOLA, Fernanda +5 more
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The European Union Court of Justice after the Treaty of Lisbon [PDF]
Created by the Treaty of Paris as a judicial authority which ensures respect for the law when interpreting and applying this treaty, the European Court of Justice has so far been repeatedly reformed.
Radivojević Zoran
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The scope ratione temporis of the interpretative rulings of the ECJ : should the temporal limitation still be a strict derogation from retroactive effects? [PDF]
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
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