Directory of EU Case Law on the Preliminary Ruling Procedure

by Rene Barents

Overview

Article 234 EC ensures that a divergent application of the EC Treaty or of the statutes and acts of its institutions is not allowed in any Member State. Unsurprisingly, its pivotal importance has given rise to a huge number of ECJ judgments and orders - about 700 by the beginning of 2009. Very often, a practitioner needs to establish whether the preliminary ruling procedure called for by Article 234 EC is required in a particular case being pursued in a national court, and any relevant ECJ ruling or order must be located. Herein lies the great value of this book.

Product Details

ISBN-13:	9789041131508
Publisher:	Wolters Kluwer
Publication date:	08/03/2009
Series:	European Monographs , #68
Pages:	304
Product dimensions:	6.40(w) x 9.60(h) x 1.00(d)

Table of Contents

.Preface. 1. Function and Nature of the Preliminary Ruling Procedure. 2. Scope of Article 234 EC. 3. National Courts or Tribunals. 4. Participation in the Preliminary Ruling Procedure. 5. Entitlement of National Courts to Refer Preliminary Questions. 6. Facultative and Obligatory References. 7. The Decision to Refer. 8. Preliminary Interpretation and Appreciation of Validity. 9. The Court of Justice and the Preliminary Questions. 10. Limits to the Competence to Give a Preliminary Ruling. 11. Obligation and Refusal to Give a Preliminary Ruling. 12. Preliminary Judgment. 13. Article 68 EC and Article 35 TEU. Annex: 1. Treaty Provisions on the Preliminary Ruling Procedure. 2. Protocol on the Statute of the Court of Justice. 3. Rules of Procedure of the Court of Justice. 4. Information Note on References from National Courts for a Preliminary Ruling + Supplement.