Ефекти на преюдициалното запитване
Effects of the Request for a Preliminary Ruling

Author(s): Joanna Shuleva
Subject(s): Law, Constitution, Jurisprudence, International Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: Reference for a preliminary ruling; Unification; Justice; Law-making; Court of Justice of the European Union; Principles of law
Summary/Abstract: The classical effects of the request for a preliminary ruling by the European Court of Justice are expressed in the qualification of the national judiciary and the improvement of the understanding, respectfully the application of the Law of the European Union, but the implication of those effects overshoot by far their concrete parameters. Evaluating the principles of the European Union through the prism of the practical cases and its reflection in the national law-making creates new values for the society in transition and justifies the choice of joining the Community. Underestimating the right of preliminary ruling by the European Court of Justice and its abuse, as well as the refusal of a preliminary ruling by the European Court of Justice, are the natural satellites of the institute and they also have to be analysed and explained. Finding the national judges’ readiness to address the European Court of Justice with a request for a preliminary ruling, as well as finding its jurisdictional competence, are undoubtfully a projection of the improvement of the Community itself.

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