Akademska digitalna zbirka SLovenije - logo
VSE knjižnice (vzajemna bibliografsko-kataložna baza podatkov COBIB.SI)
  • The discretion, the obligation and exceptions under the preliminary ruling procedure
    Turičnik, Edita
    The CJEU is the only body on the entire territory of the European integration with exclusive competence to provide an autonomous interpretation of the EU law or to decide on its eventual invalidity. ... The fundamental mechanism by which the CJEU performs its responsible task is laid down in Article 267 TFEU where the preliminary ruling procedure is settled. On the basis of mentioned Article national courts may and sometimes must refer a question to the CJEU and ask for clarification of the meaning or review of the validity of an act of EU law, which is of relevance to the case upon which national courts need to adjudicate. This paper examines mentioned mechanism, which is based on co-operation between the CJEU and national courts giving each of the two types of courts their own tasks and responsibilities. It furthermore deals with an aspect, when national courts have the discretion and when they are under the obligation to refer questions to the CJEU and which are the exceptions to this obligation. Possible legal consequences, that may follow if national courts do not fulfil their obligations under Article 267 TFEU, are discussed briefly as well.
    Vir: Meždunarodno-pravovye čteniâ = International law readings. - ISSN 2311-1992 (Vol. 12, 2014, str. 247-273)
    Vrsta gradiva - članek, sestavni del
    Leto - 2014
    Jezik - angleški
    COBISS.SI-ID - 4766763

Vnos na polico