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Wednesday, August 5, 2020 | History

2 edition of Directory of EU case law on the preliminary ruling procedure found in the catalog.

Directory of EU case law on the preliminary ruling procedure

R. Barents

Directory of EU case law on the preliminary ruling procedure

by R. Barents

  • 172 Want to read
  • 32 Currently reading

Published by Wolters Kluwer Law & Business, Kluwer Law International, Sold and distributed in North, Central and South America in Aspen Publishers in Austin [Tex.], Alphen aan den Rijn, The Netherlands, Frederick, MD .
Written in English

    Subjects:
  • Court of Justice of the European Communities,
  • Advisory opinions -- European Union countries,
  • Judicial process -- European Union countries,
  • Law -- European Union countries -- Cases -- Directories

  • Edition Notes

    StatementRené Barents.
    GenreCases, Directories
    SeriesEuropean monographs -- 68
    Classifications
    LC ClassificationsKJE3982 .B37 2009
    The Physical Object
    Paginationxvi, 284 p. ;
    Number of Pages284
    ID Numbers
    Open LibraryOL23915502M
    ISBN 109041131507
    ISBN 109789041131508
    LC Control Number2009499169

    ERA, November C. Naômé - 23Preliminary ruling In case of accession to the ECHR Is the preliminary ruling procedure part of the remedies that have to be exhausted before going in front of ECourtHR? (No, because it is the national court that refers a question, not the individual) What if the EU Court never had the possibility toFile Size: KB. Where the question of EU law is not relevant to the national proceedings, there is no risk to consistent interpretation of EU law in that case. Previous ruling. Similarly, where the Court of Justice has already ruled on the point, consistency of interpretation is not compromised, since the national court must apply that ruling.

    During a case in a court of a Member State, when faced with a difficult question concerning EU law, that court may make a preliminary reference to the CJEU, who will usually answer the court’s questions. Following the CJEU’s answer (judgment), the national court may then deliver its ruling. Decision to refer. The Court of Justice of the European Union (CJEU) interprets EU law to make sure it is applied in the same way in all EU countries, and settles legal disputes between national governments and EU institutions.. It can also, in certain circumstances, be used by individuals, companies or organisations to take action against an EU institution, if they feel it has somehow infringed .

    Since case law is accessible in all EU official languages via the court's website. Its database includes the full text of judgments, opinions of the Court, Advocate General's opinions and orders of the EU courts. You can search the database by case number, date, name of the parties, reference words in the text, etc. Furthermore, the. Source: Curia Lex Case detail (full title). Judgment of the Court (Grand Chamber) of 22 June Aziz Melki (C/10) and Sélim Abdeli (C/10). References for a preliminary ruling: Cour de cassation – France.


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Directory of EU case law on the preliminary ruling procedure by R. Barents Download PDF EPUB FB2

Very often, a practitioner needs to establish whether the preliminary ruling procedure called for by Article EC is required in a particular case being pursued in a national court, and any relevant ECJ ruling or order must be located.

Herein lies the great value of this by: 1. Stanford Libraries' official online search tool for books, media, journals, databases, government documents and more.

Every national court can request a preliminary ruling regarding the interpretation and application of EU law vis-à-vis national measure, if it considers it necessary for delivering its judgment. Strengths and weaknesses of preliminary ruling procedure under Article of the Treaty on the Functioning of the European Union (previously Art EC).

ISBN: OCLC Number: Notes: "Wolters Kluwer Law & Business." Description: xvi, pages ; 25 cm: Contents: Function and nature of the preliminary ruling procedure --Scope of Article EC --National courts or tribunals --Participation in the preliminary-ruling procedure --Entitlement of national courts to refer preliminary questions.

PRELIMINARY RULING PROCEDURE European Union Law; Study Notes. PRELIMINARY REFERENCING IS; • A procedure that enable national courts to refer queries to the court of Justice on the interpretation or validity of EU law, specific to a case in their vicinity.

The EU's preliminary reference procedure applies when, in a case before a national court, the judge is faced with a question on the interpretation or validity of EU law that has no straightforward answer. The national court may (and sometimes must) refer this question to the European Court of Justice for a preliminary ruling.

This ruling will provide binding authority Reviews: 1. A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, given in response to a request from a court or tribunal of a European Union Member State.A preliminary ruling is a final determinations of EU law, with no scope for appeal.

The ECJ hands down its decision to the referring court, which is then obliged to implement the. application of European Union law “5.

− The preliminary ruling procedure serves the further development of law. The CJEU recommends the initiation "where the existing case-law does not appear to be applicable to a new set of facts 6".

− References for preliminary rulings serve the protection of individual rights. Options for the File Size: KB. Domestic law. Relevant case law 3. European Union law 4. Reasons which prompted the court to inquire about the interpretation of European law 5.

View of the referring court (optional) 6. Reasons which prompted the court to ask for the application of the expedited procedure/urgent preliminary ruling procedure (if applicable)File Size: KB.

Role of the preliminary ruling procedure Indirect action (interlocutory proceedings) in which the national judge – not the individual – refers a question on Union law to the ECJ. ECJ gives judgment independently of the pending national case. Preliminary ruling procedure was needed because of decentralised application,File Size: KB.

EUR-Lex Access to European Union law. Article of the Code of Criminal Procedure, as amended by Law No of 24 November on to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it.

The reference for a preliminary ruling thus promotes active cooperation between the national courts and the Court of Justice and the uniform application of European law throughout the EU.

Inthe Court of Justice issued recommendations to the national courts, which are not binding but which aim to supplement the Rules of Procedure of the.

European law in a preliminary ruling.2 The preliminary reference procedure provides that domestic courts in EU member states can, and in some cases must, refer questions on the interpretation or the validity of European law to the ECJ in Luxembourg.3 The division of labor between the national courts and the ECJ is such that the national court.

Directory of EU Case Law on the Preliminary Ruling Procedure. Ruling America. Beyond the Ruling Class: Strategic Elites in Modern Society. The preliminary reference procedure is used when a national court or tribunal refers a question of EU law to the European Court of Justice (ECJ) for a preliminary ruling so as to enable the national court, on receiving that ruling, to decide the case before it.

Questions of EU law will arise in cases before the courts of different Member States. law increased. This increase in EU law created more opportunities to challenge national law, and a “virtuous circle” was created; EU laws led to preliminary ruling challenges, which led to more transnational activity, which led to more EU law, and so on.

Hypothesis 1 File Size: 74KB. 62 It must be stated at the outset the requirements of EU law must be complied with at all relevant times, whether that is the time when a measure is adopted, when it is implemented or when it is applied to the case in point (judgment in Seymour-Smith.

Finally, a preliminary ruling never precludes a national court from making a new reference if they consider it appropriate to do so. This is important because it allows the national courts to make a reference on questions previously ruled on where it considers that the case-law of the ECJ may be in need of reconstruction.

The purpose of the preliminary rulings procedure under Article is to ensure the uniform application and authority of ECJ rulings on the validity and interpretation of EU law. Direct actions against EU institutions. e.g. Application by company to quash Competition Law decision fining it (Appeal from General Court to ECJ).

EU case-law is made up of judgments from the European Union's Court of Justice, which interpret EU legislation. Search for a case on the European Court of Justice website. Search by case number; Advanced search form Alternative search options for EU case-law.

Latest case-law documents – EUR-Lex. Case law; Uncategorised; Guide to preliminary ruling proceedings before the European Court of Justice; Guide to preliminary ruling proceedings before the European Court of Justice Print Email Home; Events; Structure; History; Transversal analysis; Newsletter; Case law; Flash CJEU.

Follow-up of preliminary ruling; National decisions of interest.References to case-law or legislation: Search in: Grounds of judgment Include earlier/new scheme. Formation of the Court: Judge-Rapporteur: Advocate General: Source of a question referred for a preliminary ruling: Authentic language: Language of the case Language of the Home > Search form last update 03/04/ Case status: All cases.

Preliminary Ruling Article The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning: (a) the interpretation of the Treaties; (b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union; Where such a question is raised before any court or tribunal.