Overcoming the legal Iron curtain: Similarities and dissimilarities in the use of preliminary references betweennew and old Member States

Juan A. Mayoral

Overcoming the legal Iron curtain: Similarities and dissimilarities in the use of preliminary references betweennew and old Member States

Centre of Excellence for International Courts and Governance

Abstract

This chapter analyses the determinants that lead national courts across EU countriesto use the preliminary reference procedure, paying special attention to the differences andsimilarities in the use of this mechanism of judicial cooperation between the old and thenew Member States incorporated in 2004 and 2007. The study presents original andcomprehensive data on the use of preliminary references (1961-2011) in all 27 Memberstates. Besides confirming the impact of common factors already tested in the literature,this research additionally identifies some differences in the institutional dynamicsinfluencing the use of preliminary references across older and newer Member States.

Original language	English
Title of host publication	Dealing with EU law : The role of the national courts in interpretation and application of European Union law
Editors	Mihai Sandru, Giuseppe Martinico, Mihai Banu
Number of pages	26
Place of Publication	Bucuresti
Publisher	Editura Universitara
Publication date	2013
Pages	60-85
ISBN (Print)	978-606-591-749-1
Publication status	Published - 2013

Keywords

Faculty of Law
Preliminary references
National Courts
Court of Justice of the European Union
New and Old Member States
CJEU

Cite this

Overcoming the legal Iron curtain : Similarities and dissimilarities in the use of preliminary references betweennew and old Member States. / Mayoral, Juan A.

Dealing with EU law: The role of the national courts in interpretation and application of European Union law. ed. / Mihai Sandru; Giuseppe Martinico; Mihai Banu. Bucuresti : Editura Universitara, 2013. p. 60-85.

Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review

Mayoral, Juan A. / Overcoming the legal Iron curtain : Similarities and dissimilarities in the use of preliminary references betweennew and old Member States. Dealing with EU law: The role of the national courts in interpretation and application of European Union law. editor / Mihai Sandru ; Giuseppe Martinico ; Mihai Banu. Bucuresti : Editura Universitara, 2013. pp. 60-85

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Overcoming the legal Iron curtain: Similarities and dissimilarities in the use of preliminary references betweennew and old Member States

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