Coerenţă jurisdicţională şi procedura trimiterii preliminare: Articolul 267 TFUE – cale de atac pentru particulari în scopul asigurării coerenţei jurisdicţionale în Europa

Morten Broberg

Coerenţă jurisdicţională şi procedura trimiterii preliminare: Articolul 267 TFUE – cale de atac pentru particulari în scopul asigurării coerenţei jurisdicţionale în Europa

Centre for Studies in Legal Culture

Abstract

This article examines how private parties may use the preliminary reference
procedure in Article 267 TFEU to attain judicial coherence. Even though, in
principle, the preliminary reference procedure is not a remedy available to private
parties, in practice such parties have been able to draw on the procedure in
order to further their own interests. To analyse this, the article first considers the
preliminary rulings’ erga omnes effect. Thereupon follows an examination of how
a private party may go about actually using the preliminary reference procedure.
This is followed by an account of how a private party may seek to influence the
actual formulation of the national court’s preliminary questions. Next, the article
considers a private party’s possibilities of influencing the preliminary reference
procedure before the Court of Justice of the European Union as well as the fact
that since the preliminary reference procedure is not conceived as an inter partes
remedy it does not provide for the usual ‘right of defence components’. Finally, a
modest proposal for improving the procedure is presented.

Original language	Romanian
Journal	Revista Romana de Drept European
Issue number	1
Pages (from-to)	59-82
Number of pages	24
ISSN	2068-8083
Publication status	Published - 2016

Cite this

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title = "Coeren{\c t}{\u a} jurisdic{\c t}ional{\u a} {\c s}i procedura trimiterii preliminare: Articolul 267 TFUE – cale de atac pentru particulari {\^i}n scopul asigur{\u a}rii coeren{\c t}ei jurisdic{\c t}ionale {\^i}n Europa",

abstract = "This article examines how private parties may use the preliminary referenceprocedure in Article 267 TFEU to attain judicial coherence. Even though, inprinciple, the preliminary reference procedure is not a remedy available to privateparties, in practice such parties have been able to draw on the procedure inorder to further their own interests. To analyse this, the article first considers thepreliminary rulings{\textquoteright} erga omnes effect. Thereupon follows an examination of howa private party may go about actually using the preliminary reference procedure.This is followed by an account of how a private party may seek to influence theactual formulation of the national court{\textquoteright}s preliminary questions. Next, the articleconsiders a private party{\textquoteright}s possibilities of influencing the preliminary referenceprocedure before the Court of Justice of the European Union as well as the factthat since the preliminary reference procedure is not conceived as an inter partesremedy it does not provide for the usual {\textquoteleft}right of defence components{\textquoteright}. Finally, amodest proposal for improving the procedure is presented.",

author = "Morten Broberg",

year = "2016",

language = "Rum{\ae}nsk",

pages = "59--82",

journal = "Revista Romana de Drept European",

issn = "2068-8083",

publisher = "Wolters Kluwer ",

number = "1",

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T1 - Coerenţă jurisdicţională şi procedura trimiterii preliminare

T2 - Articolul 267 TFUE – cale de atac pentru particulari în scopul asigurării coerenţei jurisdicţionale în Europa

AU - Broberg, Morten

PY - 2016

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N2 - This article examines how private parties may use the preliminary referenceprocedure in Article 267 TFEU to attain judicial coherence. Even though, inprinciple, the preliminary reference procedure is not a remedy available to privateparties, in practice such parties have been able to draw on the procedure inorder to further their own interests. To analyse this, the article first considers thepreliminary rulings’ erga omnes effect. Thereupon follows an examination of howa private party may go about actually using the preliminary reference procedure.This is followed by an account of how a private party may seek to influence theactual formulation of the national court’s preliminary questions. Next, the articleconsiders a private party’s possibilities of influencing the preliminary referenceprocedure before the Court of Justice of the European Union as well as the factthat since the preliminary reference procedure is not conceived as an inter partesremedy it does not provide for the usual ‘right of defence components’. Finally, amodest proposal for improving the procedure is presented.

AB - This article examines how private parties may use the preliminary referenceprocedure in Article 267 TFEU to attain judicial coherence. Even though, inprinciple, the preliminary reference procedure is not a remedy available to privateparties, in practice such parties have been able to draw on the procedure inorder to further their own interests. To analyse this, the article first considers thepreliminary rulings’ erga omnes effect. Thereupon follows an examination of howa private party may go about actually using the preliminary reference procedure.This is followed by an account of how a private party may seek to influence theactual formulation of the national court’s preliminary questions. Next, the articleconsiders a private party’s possibilities of influencing the preliminary referenceprocedure before the Court of Justice of the European Union as well as the factthat since the preliminary reference procedure is not conceived as an inter partesremedy it does not provide for the usual ‘right of defence components’. Finally, amodest proposal for improving the procedure is presented.

M3 - Tidsskriftartikel

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JO - Revista Romana de Drept European

JF - Revista Romana de Drept European

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