Suchergebnisse

The article offers a threefold perspective on preliminary references to the ECJ, through an analysis of the case law of the ECJ itself, of (some) constitutional courts and of the ECtHR. Although in the latter two cases, a close connection is made between preliminary references and the right to effective judicial protection, in the EU legal order they are conceived as a "dialogue between judges". The article looks at their role in light of recent case law concerning this procedure as well as Article 47 of the Charter and Article 19(1)(2) TEU. It aims to identify whether and to what extent preliminary references may be covered by the right to effective judicial protection under EU law. It argues that the preliminary reference procedure may be linked more closely to individuals' rights if analysed in light of Article 47 of the Charter. Accordingly, some proposals for a more "protection-oriented" system are presented.

Cover -- Title -- Copyright -- Collection -- Summary -- List of abbreviations -- Foreword -- Introduction -- Theoretical framework -- Setting the stage -- Part One -- Effective judicial protection through preliminary references -- Chapter 1 Effective judicial protection through preliminary references in the case law of the Court of Justice of the EU -- Introduction -- 1.1. Preliminary references and the rule of law -- 1.2. Preliminary references on validity and actions for annulment within a complete system of legal remedies -- 1.3. Preliminary references on interpretation as a remedy to ensure an ECJ-made standard of protection -- Conclusion -- Chapter 2 Effective judicial protection through preliminary references in the case law of the European Court of Human Rights -- Introduction -- 2.1. Article 6(1) ECHR and preliminary references: From arbitrary to unreasoned refusals to refer to the Court of Justice of the EU -- 2.2. Enhanced judicial protection of individuals through the ECtHR? -- Conclusion -- Chapter 3 Effective judicial protection through preliminary references in the case law of national Constitutional Courts -- Introduction -- 3.1. Building a Constitutional Guarantee -- 3.2. Ensuring preliminary references to the ECJ into national constitutional rights -- Conclusion -- Conclusion of Part One -- Part Two -- Rethinking the preliminary reference procedure in light of the right to effective judicial protection -- Chapter 4 The national courts' mandate as referring courts in light of the right to effective judicial protection -- Introduction -- 4.1. The obligation of national courts to guarantee the functioning of Article 267 TFEU -- 4.2. The margin of appreciation of referring courts between discretion and constraints -- Conclusion.