Original scientific paper
Role and Place of the preliminary issue and its use in the context of the European Union
Terry Olson
Abstract
National courts must interpret European law. The European Court must assess its validity within the context of the preliminary issue which must be resolved before the main hearing- the prejudicial issue. In the past, it was complaint or difficulty particularly due to the relation among domestic constitutional orders which are at the top of the hierarchy norms in the government and the law of the European Union which is, in European space, superior to internal order. However, these difficulties, which should not be hidden, are limited and judges could overcome them with dialogue.
Keywords
European Court of Justice; national courts; prejudicial question
Hrčak ID:
84230
URI
Publication date:
6.7.2012.
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