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This book provides a detailed examination of the law and practice of the preliminary reference procedure in EU law. It is designed to be of practical use in litigation and case preparation.
A fully revised and updated third edition, this book details the form, contents, and procedures for preliminary references. Written for both practitioners and academics, this is an essential guidebook covering all aspects of preliminary references.
This fully updated and revised 3rd edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure. A reference for a preliminary ruling is a request from a national court of an EU Member State to the European Court of Justice to give an authoritative interpretation on an EU act or a decision on the validity of such an act. Preliminary rulings have played a pivotal role in the development of the European Union. The European Union's preliminary reference procedure has been copied by several other international organisations - including not least the European Economic Area (EEA) and the EFTA Court. Since the second edition, the European Court of Justice has rendered a considerable number of rulings which have led to important changes to the book. This is particularly reflected in the treatment of the Court's acte clair doctrine, of preliminary references from administrative appeal boards and arbitration tribunals and of preliminary references regarding international agreements. And it is reflected in the interaction between the preliminary reference procedure and the European Convention on Human Rights as well as in a more general revision of the text bringing it up to date by taking into account new case law and new legal writings. With backgrounds as both practitioners and academics the two authors have produced a book that caters for the needs of both practitioners and academics.
Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others
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. Readership: Advocates, Judges, and legal academics with an interest in EU law.
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
2.2 Procedural Rules and Issues
Against the background of climate change, Ottavio Quirico explores how regulatory conflicts between the Energy Charter Treaty and the law of the European Union should be resolved.
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.