The Sanctity of Preliminary References
<p>A national supreme court must not declare a request for a preliminary ruling by a lower court unlawful on the ground that the referred questions are irrelevant and unnecessary for the original case. This has been held by the Court of Justice of the EU (CJEU) in its important decision C-564/...
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| Format: | Article |
| Language: | deu |
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Max Steinbeis Verfassungsblog GmbH
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| Series: | Verfassungsblog |
| Subjects: | |
| Online Access: | https://verfassungsblog.de/the-sanctity-of-preliminary-references/ |
| _version_ | 1811313044285816832 |
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| author | Petra Bárd |
| author_facet | Petra Bárd |
| author_sort | Petra Bárd |
| collection | DOAJ |
| description | <p>A national supreme court must not declare a request for a preliminary ruling by a lower court unlawful on the ground that the referred questions are irrelevant and unnecessary for the original case. This has been held by the Court of Justice of the EU (CJEU) in its important decision C-564/19 IS. In addition, the CJEU held that EU law also precludes disciplinary proceedings from being brought against national judges on the ground that they made a reference for a preliminary ruling. The case also raises important questions to what extent preliminary rulings can be effective against rule-of-law decline and make up for political EU institutions’ failure to use adequate EU tools of supervision and enforcement.</p>
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| first_indexed | 2024-04-13T10:47:17Z |
| format | Article |
| id | doaj.art-d82554aa05a94965b26aad8fc26344c4 |
| institution | Directory Open Access Journal |
| issn | 2366-7044 |
| language | deu |
| last_indexed | 2024-04-13T10:47:17Z |
| publisher | Max Steinbeis Verfassungsblog GmbH |
| record_format | Article |
| series | Verfassungsblog |
| spelling | doaj.art-d82554aa05a94965b26aad8fc26344c42022-12-22T02:49:46ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442366-7044The Sanctity of Preliminary ReferencesPetra Bárd<p>A national supreme court must not declare a request for a preliminary ruling by a lower court unlawful on the ground that the referred questions are irrelevant and unnecessary for the original case. This has been held by the Court of Justice of the EU (CJEU) in its important decision C-564/19 IS. In addition, the CJEU held that EU law also precludes disciplinary proceedings from being brought against national judges on the ground that they made a reference for a preliminary ruling. The case also raises important questions to what extent preliminary rulings can be effective against rule-of-law decline and make up for political EU institutions’ failure to use adequate EU tools of supervision and enforcement.</p> https://verfassungsblog.de/the-sanctity-of-preliminary-references/Disciplinary Proceedings, European Court of Justice, Hungarian Supreme Court, judicial independence, preliminary reference |
| spellingShingle | Petra Bárd The Sanctity of Preliminary References Verfassungsblog Disciplinary Proceedings, European Court of Justice, Hungarian Supreme Court, judicial independence, preliminary reference |
| title | The Sanctity of Preliminary References |
| title_full | The Sanctity of Preliminary References |
| title_fullStr | The Sanctity of Preliminary References |
| title_full_unstemmed | The Sanctity of Preliminary References |
| title_short | The Sanctity of Preliminary References |
| title_sort | sanctity of preliminary references |
| topic | Disciplinary Proceedings, European Court of Justice, Hungarian Supreme Court, judicial independence, preliminary reference |
| url | https://verfassungsblog.de/the-sanctity-of-preliminary-references/ |
| work_keys_str_mv | AT petrabard thesanctityofpreliminaryreferences AT petrabard sanctityofpreliminaryreferences |