What can preliminary questions be used for in proceedings in European Court of Justice? Cover Image

Nač se lze ptát předběžnou otázkou v řízení před Evropským soudním dvorem?
What can preliminary questions be used for in proceedings in European Court of Justice?

Author(s): Michal Bobek
Subject(s): Criminal Law, EU-Legislation
Published by: Masarykova univerzita nakladatelství
Keywords: European Court of Justice;preliminary ruling procedure;

Summary/Abstract: A reference for a preliminary ruling is a method of cooperation between the Court of Justice of the European Communities and the courts of the Member States of the European Union. Through this procedure, the Czech judicial authorities can now turn to the Court of Justice with questions of interpretation and validity of Community law. The purpose of this article is to define what can be asked in the context of a reference for a preliminary ruling. The first part distinguishes issues of interpretation from issues of validity of Community law and describes the different legal regime applicable to these types of issues. The second part discusses the various types of acts that may be the subject of a preliminary ruling procedure.

  • Issue Year: 12/2004
  • Issue No: 3
  • Page Range: 260-270
  • Page Count: 11
  • Language: Czech