Results 231 to 240 of about 56,336 (281)

Case Selection in the Preliminary Ruling Procedure

SSRN Electronic Journal, 2019
We examine the emergence and evolution of docket control mechanisms in the preliminary ruling procedure. As documented by our quantitative analysis, reasoned orders have increased dramatically since the mid-1990s, with courts in Italy and Central and Eastern member states being the most frequent targets. We argue that the trajectory of the ECJ’s docket
Arthur Dyevre, Monika Glavina, Michal Ovadek   +2 more
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10. The preliminary ruling procedure

2020
This chapter examines the relationship between the Court of Justice (CJ) and the national courts in the context of the preliminary ruling procedure provided by Article 267 of the Treaty on the Functioning of the European Union (TFEU). The chapter focuses on the text of Article 267 TFEU.
Marios Costa, Steve Peers
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10. The preliminary rulings procedure

2017
This chapter examines the relationship between the Court of Justice (CJ) and the national courts in the context of the preliminary rulings procedure provided by Article 267 of the Treaty on the Functioning of the European Union (TFEU). It analyses the extent to which national courts are willing and able to gain access to the CJ in order to resolve the ...
Lorna Woods, Philippa Watson, Marios Costa   +2 more
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The preliminary rulings procedure

2006
Abstract Much of the responsibility for applying the rules laid down in the EC Treaty and in Community acts belongs to the national courts of the Member States. This gives rise to a potential problem. If the internal market is to work properly, the relevant rules must have the same effect in all the Member States.
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Ratione temporis application of the preliminary rulings procedure

Common Market Law Review, 2008
Until the greatest enlargement of the European Union in 2004, the question of inter–temporal application of the preliminary procedure had not raised any particular controversies. The ECJ adopted a very liberal approach towards the questions submitted by the courts of the new Member States, even if the application of the EC law in a particular case was ...
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The Preliminary Rulings Procedure: Cornerstone or Broken Atlas?

2018
This chapter examines how Union law and the Court of Justice would not be what they are without the preliminary rulings procedure. This procedure occupies a central position among all the other ways to bring cases to the Court, and also has a key position among all the procedures connecting institutions and framing the use of power in the Union.
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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
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Preliminary ruling procedures in family matters: an empirical report

ERA Forum, 2012
The report deals with problems and experiences of a German family judge at the local court resulting from a preliminary ruling procedure at the ECJ based on the Lisbon Treaty in a custody matter. The particularities of the procedure in general and its application in the specific case by the submitting judge and the ECJ will be described.
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The Preliminary Ruling Procedures at International Regional Courts and Tribunals

The Law & Practice of International Courts and Tribunals, 2011
AbstractMany regional integration systems, inspired by the preliminary ruling procedure under the current article 267 of the Treaty on the Functioning of the European Union, incorporate models for cooperation between national courts and international courts and tribunals that vary significantly from one to the other.
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The Preliminary Ruling Procedure

2016
This paper is a revised and updated (till 1 December 2016) version of Professor Jurian Langer's inaugural lecture held on 17 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
openaire   +1 more source