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Subject Matter Specialization of European Union Jurisdiction in the Preliminary Rulings Procedure
Over the years, judgments by the European Court of Justice (“ECJ”) have been—sometimes heavily—criticized. While the recent reforms to the EU’s judicial system have addressed the high caseload of the General Court of the European Union (“GC”), the ...
Matthias Jacobs +2 more
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Procedural Aspects Regarding References for Preliminary Rulings [PDF]
The purpose of preliminary rulings, or the preliminary reference as it is known, can be traced directly to the need to secure uniformity in the Community legal order throughout the Member States. The procedure of preliminary rulings was mentioned for the
Oana-Măriuca Petrescu
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(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 887-910 | Article | (Table of Contents) I. Introduction. - II. Conceptual framework and terminology. - III. Data and research design. - III.1. The dataset.
Anna Wallerman Ghavanini
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Concept of a „court” for the purposes of the preliminary ruling procedure [PDF]
The subject of the study is the criteria for recognising a given body as a “court” for the purposes of preliminary ruling proceedings. The problem examined in the article translates directly into ensuring the right to an effective means of judicial ...
Magdalena Matusiak-Frącczak
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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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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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Abstract Dutch civil law allows courts of first and second instance to refer preliminary questions to the Supreme Court. In mass claim disputes there may be a concurrence between the safeguards of the preliminary ruling procedure and the protection provided by Directive 2020/1828 on representative actions for the protection of the collective interests ...
Castermans, A.G. +2 more
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The impact of EU expansion on the Preliminary Rulings Procedure [PDF]
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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Application of the EU law in Latvian courts [PDF]
This article outlines the main changes that the system of Latvian courts faced after Latvia's accession to the EU. In the legislative field Latvia has added in its procedural laws general provisions that incorporate EU law into Latvia's legal system, as ...
Buka Arnis, Broks Edmunds
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Exceptions from the regular preliminary ruling procedure before the Court of Justice of the European Union [PDF]
For years, the Court of Justice of the European Union has been overloaded with requests for preliminary rulings, given that these proceedings make up more than three-quarters of the Court caseload.
Radivojević Zoran
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