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- Title
Rozhodování předběžných otázek Tribunálem - bortí se poslední nedotknutelný pilíř soudního systému Evropské unie?
- Authors
Otta, Šimon
- Abstract
In early December last year (2022), the Court of Justice submitted a request to the European Parliament and the Council, pursuant to the second subparagraph of Article 281 TFEU, to amend Protocol No. 3 on the Statute of the Court of Justice of the European Union. The amendment to the Statute requested by the Court of Justice is intended to confer on the General Court, for the first time in the history of the European Union, jurisdiction to rule on certain preliminary questions referred by the Member States. This comes after almost twenty years of the formal existence of this possibility and several rejections by the Court of Justice, when the Court of Justice considers that the time has come for the General Court to rule on some preliminary questions. The proposed arrangement can be divided into four areas, namely the definition of the areas in which the General Court is to rule on questions referred for a preliminary ruling, a centralised system for the allocation of questions referred for a preliminary ruling, with the Court of Justice being given responsibility for their allocation, new procedural safeguards linked to the partial transfer of the decision on questions referred for a preliminary ruling and, lastly, safeguard mechanisms which are no longer new to European law but which are being revived with the proposed arrangements for the transfer of part of the decision on questions referred for a preliminary ruling to the General Court. The aim of this article is to place the proposed changes in their historical context, to introduce them and to reflect on some of the critical points that might arise in connection with their passing.
- Subjects
GENERAL Court of the European Union; EUROPEAN law; EUROPEAN Union; LEGAL judgments; EUROPEAN history; EUROPEAN Union law; JURISDICTION; FRAUDULENT conveyances
- Publication
Pravnik, 2023, Vol 162, Issue 4, p326
- ISSN
0231-6625
- Publication type
Article