Preliminary References to the European Court of Justice

Overview


The EU's preliminary reference procedure applies when, in a case before a national court, the judge is faced with a question on the interpretation or validity of EU law that has no straightforward answer. The national court may (and sometimes must) refer this question to the European Court of Justice for a preliminary ruling. This ruling will provide binding authority when subsequently the referring national court is to decide the dispute before it.

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Preliminary References to the European Court of Justice

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Overview


The EU's preliminary reference procedure applies when, in a case before a national court, the judge is faced with a question on the interpretation or validity of EU law that has no straightforward answer. The national court may (and sometimes must) refer this question to the European Court of Justice for a preliminary ruling. This ruling will provide binding authority when subsequently the referring national court is to decide the dispute before it.

Preliminary References to the European Court of Justice provides a detailed examination of all relevant aspects relating to a preliminary reference. Structured in such a way so as to reflect the different questions that may arise in a preliminary reference procedure, the book starts by explaining who can make a reference, what questions can be referred, and when a reference can, should, or must be made.

The book then proceeds to provide detailed guidance on the form and contents of the actual reference as well as the procedure both before the referring court and before the European Court of Justice. Finally, the preliminary ruling and its effects are explained together with the questions of costs and legal aid.

Legal practitioners faced with the subtleties of a preliminary reference - be it as judge or advocate - will find this book of considerable value. The book is however much more than an advanced practitioners' guide. Written by authors with backgrounds in academia and practice the practical guidance is supplemented by critical analysis of the Court of Justice's practice, and the book is extensively referenced throughout with all the most relevant sources reproduced in the annexes.

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Product Details

  • ISBN-13: 9780199565078
  • Publisher: Oxford University Press, USA
  • Publication date: 5/6/2010
  • Pages: 520
  • Product dimensions: 6.80 (w) x 9.80 (h) x 1.50 (d)

Meet the Author

Morten Broberg is associate professor in the Faculty of Law of the University of Copenhagen and is an associate researcher at the Danish Institute for International Studies. He is a qualified solicitor and has also worked as référendaire (legal secretary) at the European Court of Justice in Luxembourg. He has published extensively in the field of EU law.
Niels Fenger is professor in the Faculty of Law of the University of Copenhagen. He has been director of the Legal Service of the EFTA Surveillance Authority in Brussels and has in that capacity appeared in a considerable number of cases before the European courts. He is a qualified solicitor and has also worked as référendaire (legal secretary) at the European Court of Justice in Luxembourg. He has published extensively in the field of EU law.

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Table of Contents

1. Introduction
2. Variations in Member State Use of Preliminary References
3. Which Bodies May Refer?
4. What Questions Can Be Referred?
5. When Can a Reference for a Preliminary Ruling be Made?
6. When are National Courts Obliged to Refer Questions?
7. When Ought a Reference for a Preliminary Ruling be Made?
8. The Form and Content of a Reference
9. Proceedings Before the Referring Court After a Reference Has Been Made
10. The Procedure before the Court of Justice
11. The Preliminary Ruling
12. The Effects of the Preliminary Ruling
13. Litigation Costs and Legal Aid

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