Preliminarus kreipimasis kaip netiesioginis privačių subjektų interesų gynimo būdas ; Preliminary reference as a measure of indirect protection of private individual`s interest

Abstract

European Union allow private persons, by means of judicial protection measures, to defend their rights, which they derive from EC law, directly before the European Court of Justice (i.e. ECJ) as well as indirectly through the preliminary reference procedure; therefore, these persons should take advantage of such privilege, whenever they need that. Accordingly, one of the main objectives of this master thesis is to help individuals to perceive in a better way a core nature of the preliminary rulings procedure and call their attention to the fact, that they, being parties at particular case, pending before a national court, have a possibility through the Art. 234 of EC Treaty to influence the decision of the national judge. This is because, the preliminary reference is not any longer only a mean of ensuring uniform interpretation and application of EC law throughout the Member States, but also it is an indirect opportunity for private persons to access the European courts for protecting their rights. Thus, after shortly describing the main points of the preliminary reference mechanism, the greatest attention in this thesis is paid to one of the most important functions of this procedure – protection of the rights of persons. In order to reveal more clearly a significance of the preliminary ruling in the context of securing the interests of private persons, this thesis contains important up to date ECJ cases and data about the practice of the Member States, while applying Art. 234 of EC Treaty. Comparison of the preliminary reference procedure with other judicial protection remedies, stipulated in the EC Treaty, will contribute to understanding why preliminary rulings are considered of being one of possibilities and usually the only one for private persons to defend their rights, which were unlawfully violated. National courts through the preliminary reference procedure play a major role in protecting the interests of private persons. This mechanism of interplay, which occurs between EJC and the Member States' courts on the ground of preliminary reference, means that in fact the direct protection of private persons' interests is executed at the national court, performing the ECJ an indirect role together. Therefore, this master thesis analysis as well the capabilities of private persons to ensure the proper compliance of obligations under Art. 234 of EC Treaty by the courts of Member States.