Preliminary communication
https://doi.org/10.31141/zrpfs.2020.57.135.13
The Charter of fundamental rights of the European Union in the preliminary reference interpretation, source of a renewed jurisdictional dialogue
Charlotte Denizeau-Lahaye
Abstract
In order to answer various questions which represent the foundation of this paper, above all, one must focus on dialogue participants. The first participant of the dialogue in question is the national judge. The other is the Luxembourg judge, who has as their mission the interpretation of the legal regulations of the Union.
Further in this paper dialogue conditions are considered and the conclusion is reached that dialogue is not so easy as for the rest of primary law. The Charter on the Fundamental Rights of the European Union has the same value as the contract, but does not have the same scope on the basis of article 51. This limitation influences the acceptability of posed questions.
Finally, based on concrete examples, the very effects of these questions and Court judgements are examined on the very nature of the Union and nature of the Court.
Keywords
previous question; EU law; Charter of Fundamental Rights
Hrčak ID:
234555
URI
Publication date:
19.2.2020.
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