Prethodno pitanje pred Evropskim sudom pravde
Preliminary Rulling Before European Court of Justice

Author(s): Aleksandra Čavoški, Ana S. Knežević Bojović
Subject(s): International Law, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: communitarian law; preliminary ruling; European Court of Justice; national courts
Summary/Abstract: One of the most important proceeding before the ECJ, and recently before the Court of First Instance is the preliminary ruling. In this proceeding, the national courts play a significant role in applying and enforcing the EU law and procedures. Moreover, they are the key actors in developing and maintaining a uniform application of EU law within the European Union. In this endeavour national courts form a unique partnership with the European Court of Justice. Finally, national courts in this proceeding provide remedies for any breach of Community law. Bearing in mind the importance of this proceeding, the authors decide to present the main features of the preliminary ruling, its historical development, the ECJ’s case law that tailored the relationship with national courts, the actual procedure before the ECJ and the Court of First Instance and their competences in this procedure.

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