Original scientific paper
PRELIMINARY REFERENCE PROCEDURE – THE RIGHT, THE DUTY AND EXCEPTIONS
Edita Turičnik
; Faculty of Law, University of Maribor, Slovenia
Abstract
According to decentralized character of the EU legal system, national courts are the ordinary courts in matters of EU law and should as such guarantee effective legal protection of individual’s rights deriving from EU law. To ensure uniform application of EU law provisions and especially to prevent possible divergent interpretations, a preliminary ruling procedure was created, found in Article 267 TFEU. On the basis of mentioned Article national courts may, and sometimes must, refer a question to the CJEU and ask for clarifi cation of the meaning or review of the validity of an act of EU law which is of relevance to the case upon which national courts need to adjudicate, since the CJEU has an exclusive monopoly of interpretation on questions of EU law. This Paper deals with a question, when national courts have the right and when the duty to refer questions to the CJEU and which are the exceptions to this obligation. Possible legal consequences, that may follow if national courts do not fulfi l their obligations, are discussed in short as well.
Keywords
Hrčak ID:
123271
URI
Publication date:
26.6.2014.
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