Preliminary communication
PRELIMINARY RULING PROCEDURE BEFORE THE EUROPEAN COURT OF JUSTICE – PROBLEMS AND POSSIBLE SOLUTIONS
Dinka Šago
; Pravni fakultet Sveučilišta u Splitu
Abstract
The national courts in each EU country are responsible for ensuring that EU law is properly applied in that country. But there is a risk that courts in different countries might interpret EU law in different ways. To prevent this there is a preliminary ruling procedure which is based on the article 267 of the Treaty on the Functioning of the European Union. The scope of the court or tribunal is left to the interpretation of the European Court of Justice. If a national court is in doubt about the interpretation or validity of an EU law, it may and sometimes must ask the ECJ for preliminary ruling. The preliminary reference procedure may not be the fastest procedure, but it is based on mutual respect and collaboration, which is the foundation on which the EU is built and which gives it a good possibility to be a long-lasting procedure. The aim of this paper is to give analyze of the preliminary ruling procedure and to suggest some improvements to achieve that preliminary ruling procedure is functioning correctly and is effective as much as possible.
Keywords
European Court of Justice; national court or tribunal; preliminary ruling procedure; interpretation of European law
Hrčak ID:
141253
URI
Publication date:
13.4.2015.
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