О СМИСЛУ „САРАДЊЕ“ ИЛИ „ДИЈАЛОГА“ ИЗМЕЂУ СУДА ПРАВДЕ ЕУ И СУДОВА ДРЖАВА ЧЛАНИЦА
THE MEANING OF “COOPERATION” OR “DIALOGUE” BETWEEN THE COURT OF JUSTICE OF THE EU AND NATIONAL COURTS OF THE EU MEMBER STATES

Summary/Abstract: Within the system of legal proceedings before the Court of Justice of the EU, the preliminary ruling procedure has a special place because of its atypical nature and because of its exceptional contribution to uniform interpretation and application as well as to development of the EU law. In the absence of hierarchical superiority of the Court of Justice of the EU over the national courts, this procedure establishes “cooperation” or “dialogue” between national judges on one side and European judges on the other in order to ensure uniform interpretation and application of Community law in all Member States. Atypical character of this procedure is the result of atypical characteristics of the EU legal system and, in particular, of the fact that that legal system is an integral part of the legal system of the Member States. Despite some apparent ramblings and inconsistencies of the case law of the Court of Justice of the EU in establishing valid framework and rules of conduct in this type of procedure, the preliminary ruling procedure before the Court of Justice of the EU has been widely accepted by national courts and a large number of the most important judgments of the Court of Justice was adopted precisely in this type of procedure.

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