Suspension of the Procedure by the National Court That Notified ECJ for a Preliminary Ruling, in the Context of the Recent Jurisprudence of the European Court of Justice
Suspension of the Procedure by the National Court That Notified ECJ for a Preliminary Ruling, in the Context of the Recent Jurisprudence of the European Court of Justice

Author(s): Anamaria Groza
Subject(s): International Law, EU-Legislation, Sociology of Law, Comparative Law
Published by: ADJURIS – International Academic Publisher
Keywords: stay of proceedings; preliminary reference; supremacy of European Union law; consistent interpretation;
Summary/Abstract: Notification of the European Court of Justice for preliminary rulings represents or can represent a case of temporary suspension of the procedure. The mandatory suspension of the procedure is regulated in the national law by imperative law rules, operates independently of any analysis of opportunity made by the judge and in an abstract way, irrespective of the concrete elements of the case. The national norms witch regulate notification of the ECJ as a case of mandatory suspension seem to be opposite to a recent judgement of the ECJ, pronounced in case C-477/21. The purpose to order suspension of the procedure is to correctly apply the EU law. This purpose can be achieved without the whole suspension of the trial. The judicial research can continue in order to establish the facts of the case, especially when there are proofs that can be lost or degraded by their late administration. Other law problems can be solved, if they are not in liaison with those addressed to the ECJ. By consequence, facultative suspension and the possibility of a partial suspension of the procedure guarantee the effet util of EU law, finding of the truth and solving of the trials in a reasonable term. The research is descriptive, explanatory and comparative, being accompanied by relevant doctrine and jurisprudence.

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