Преюдициалното запитване - една от формите на децентрализиран контрол за спазване на правото на ЕС от националната държава
The Requests for a Preliminary Ruling - a Form of Decentralised Review for EU Law Observance by the National State

Summary/Abstract: The article deals with the issue that the requests for a preliminary ruling are not allied by the application of the parties to the particular case. The comnclusion is made that the judge disposes of its autonoumous discretion whether and on what questions to make the request for a preliminary ruling to the European Court of Justice. The requests for a preliminary ruling are viewed as an option for the jurisdiction whose judgments may be appealed and as an obligation for jurisdictions of last resort. It is agreed that the requests for a preliminary ruling constitute one of the forms for decentralised review of the national jurisdictions for EU law observance by the national state. Conclusions based on the ECJ case-law are drawn. The consequences of the ECJ judgment on requests for a preliminary ruling in particular cases are considered based on examples from Bulgarian case-law. The differences between article 267 TFEU and the national legislation under Chapter 59 of the Civil Procedure Code are revealed.

• Details
• Contents