Brief Analysis of Two Rejected Requests for the Court of Justice of the European Union
to Give Preliminary Rulings Cover Image

Scurtă analiză a două cereri respinse de trimitere preliminară la Curtea de Justiţie a Uniunii Europene
Brief Analysis of Two Rejected Requests for the Court of Justice of the European Union to Give Preliminary Rulings

Author(s): Alexandru Bleoancă
Subject(s): EU-Legislation, Court case
Published by: Institutul National al Magistraturii
Keywords: Preliminary Rulings;CJEU;

Summary/Abstract: The preliminary ruling procedure is a useful tool that, over time, allowed the national courts to participate to the application of European Union law and contributed to this law system evolution. Our study reveals that the procedure is useful for both the national court and the litigant parties, as it clarifies both categories of participants on how should be applied the law of the European Union. However, the preliminary ruling procedure is subject to specific rules, very well systematized in the Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings, a document issued by the Court of Justice of the European Union itself. Ignoring these recommendations led to the rejection, as inadmissible, of certain requests for a preliminary ruling, and this is a situation that should be avoided in the future.

  • Issue Year: III/2019
  • Issue No: 2
  • Page Range: 4-10
  • Page Count: 7
  • Language: Romanian