Preliminary Questions before Civil Courts and the Impact of the European Union Law in the Light of Their Future Direction
Preliminary Questions before Civil Courts and the Impact of the European Union Law in the Light of Their Future Direction
Author(s): Katarína ŠevcováSubject(s): EU-Legislation
Published by: Univerzita Palackého v Olomouci_1
Keywords: preliminary question;preliminary ruling;Court of Justice of the European Union (CJEU);stay of proceeding;
Summary/Abstract: In the context of a preliminary ruling Slovac and Czech civil courts can give preliminary question to Court of Justice of the European Union in accordance with Art. 267 of the Treaty establishing the European Community. This institute helps unify comunity law, enable cooperation of our courts with Court of Justice and helps them to apply community law correctly. This paper deals with effect of preliminary question on our civil trial the binding character of decision of Court of Justice about this question and the future of this institute. There is always a potential danger that European law is not applied uniformly in all Member States and Community law conferred upon the Court of Justice of EU a monopoly of its interpretation.
Journal: European Studies - the Review of European Law, Economics and Politics
- Issue Year: 5/2018
- Issue No: 1
- Page Range: 191-204
- Page Count: 14
- Language: English