Considerations Regarding the Preliminary Action Addressed to the Court of Justice of the European Union
Considerations Regarding the Preliminary Action Addressed to the Court of Justice of the European Union

Summary/Abstract: The preliminary action is a European Union law tool through which the Court of Justice of the European Union is summoned to clarify certain aspects that the national Courts from the European Union members states face during the interpretation and application of the treaties or validation and interpretation of the acts passed by the Union institutions, organs, offices or agencies, in a litigation that is pending a resolution by the courts. The importance of the preliminary actions is highlighted also by the majority percentage held by the preliminary arraignments in the activity of the European Union court. This article aims to analyze this subject, from the point of view of its specificity, by examining the right and obligation of the national courts to formulate preliminary arraignments, acts that can constitute their object, but also the special procedure which determine the sui-generis character of the preliminary action.

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