- 1109 reads
‘The most relevant overhaul of the Union’s judiciary since the creation of the Court of First Instance in 1989’.[1] ‘The genie out of the bottle’....
‘The most relevant overhaul of the Union’s judiciary since the creation of the Court of First Instance in 1989’.[1] ‘The genie out of the bottle’....
Table of Contents: 1. Introduction: scope and purposes of the analysis. – 2. The partial transfer of preliminary references from the Court to the General Court. – 2.1. The scope of the General Court’s jurisdiction on preliminary references. – 2.2. The guichet unique mechanism. – 2.3. The procedure for hearing and determining preliminary...
Abstract: The end of 2022 saw the publication of the proposal for reform of the preliminary ruling procedure, drafted by the Court of Justice of the EU. If the proposal goes through, it will bring about one of the most significant changes in the EU judicial system in its seventy years’ history. In this Insight, I start with an overview of the...
Table of Contents: I. Introduction. – II. National courts interpret EU law. – III. German Constitutional Court interprets EU law. – III.1. Surrendering. – III.2. Forgetting. – III.3. Rejecting. – IV. Interpretation, contestation, pluralism. – IV.1. I hear, but I cannot understand. – IV.2. That’s just the way it is. – IV.3. Enter interpretive...