Právní ochrana v řízení o předběžné otázce
Legal protection in the preliminary question proceedings

Summary/Abstract: The reference for a preliminary ruling is a type of judicial cooperation between the Court of Justice of the European Communities and the courts of the Member States. Since 1 May 2004, Czech courts have also had jurisdiction to refer questions to the Court of Justice in Luxembourg for a preliminary ruling. The courts of the Member States are largely autonomous in deciding whether to (not) initiate preliminary ruling proceedings. It follows from the nature of the reference for a preliminary ruling as a type of cooperation between courts that the role of the parties to the main proceedings before a court of a Member State is limited. Participants cannot claim a preliminary question from a Czech court. However, does this fact mean that the decision of the Czech court to (not) refer a question for a preliminary ruling is not reviewable on the basis of the initiative of the parties? The purpose of this article is to answer the question of what are the procedural possibilities of the participants in the proceedings before the Czech court in case they (do not) wish to submit a preliminary question to Luxembourg and their requirements differ from the court's idea.

• Details
• Contents