<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The present paper presents the obligation that courts in the member states of the European Union have to refer questions to the Court of Justice of the European Union, with a focus on courts against whose decision there is no judicial remedy under national law. The paper starts by presenting the applicable framework regarding the preliminary reference procedure, then focuses on analyzing the exceptions to national court’s duty under article 267 TFEU, with a focus on the direction in which the case law is heading based on the most recent judgments handed down by the Court of Justice of the European Union in 2015, finally presenting the author’s conclusions and observation on the subject.</p></abstract>

The present paper presents the obligation that courts in the member states of the European Union have to refer questions to the Court of Justice of the European Union, with a focus on courts against whose decision there is no judicial remedy under national law. The paper starts by presenting the applicable framework regarding the preliminary reference procedure, then focuses on analyzing the exceptions to national court’s duty under article 267 TFEU, with a focus on the direction in which the case law is heading based on the most recent judgments handed down by the Court of Justice of the European Union in 2015, finally presenting the author’s conclusions and observation on the subject.

The obligation of national Courts against whose decision there is no judicial remedy to refer questions to the Court of Justice of the European Union

„Vasile Goldis” Western University of Arad

Journal of Legal Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The present paper presents the obligation that courts in the member states of the European Union have to refer questions to the Court of Justice of the...

The obligation of national Courts against whose decision there is no judicial remedy to refer questions to the Court of Justice of the European Union

Published Online: May 12, 2016

Page range: 24 - 36

Received: Nov 01, 2015

Accepted: Jan 01, 2016

DOI: https://doi.org/10.1515/jles-2016-0003

Keywords
art. 267 TFEU, obligation to refer

© 2016 Valentin Paul Neamt, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The obligation of national Courts against whose decision there is no judicial remedy to refer questions to the Court of Justice of the European Union

Published Online: May 12, 2016

Page range: 24 - 36

Received: Nov 01, 2015

Accepted: Jan 01, 2016

DOI: https://doi.org/10.1515/jles-2016-0003

Keywordsart. 267 TFEU, obligation to refer

© 2016 Valentin Paul Neamt, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
art. 267 TFEU, obligation to refer