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- Title
Judicial Coherence and the Preliminary Reference Procedure.
- Authors
Broberg, Morten
- Abstract
This article examines how private parties may use the preliminary reference procedure in Article 267 TFEU to attain judicial coherence. Even though, in principle, the preliminary reference procedure is not a remedy available to private parties, in practice such parties have been able to draw on the procedure in order to further their own interests. To analyse this, the article first considers the preliminary rulings' erga omnes effect. Thereupon follows an examination of how a private party may go about actually using the preliminary reference procedure. This is followed by an account of how a private party may seek to influence the actual formulation of the national court's preliminary questions. Next, the article considers a private party's possibilities of influencing the preliminary reference procedure before the Court of Justice of the European Union as well as the fact that since the preliminary reference procedure is not conceived as an inter partes remedy it does not provide for the usual 'right of defence components'. Finally, a modest proposal for improving the procedure is presented.
- Subjects
COURT of Justice of the European Union; JUDICIAL assistance; PRELIMINARY examinations (Administrative procedure); ADMINISTRATIVE procedure; EUROPEAN politics &; government
- Publication
Review of European Administrative Law, 2015, Vol 8, Issue 2, p9
- ISSN
1874-7981
- Publication type
Article
- DOI
10.7590/187479815X14465419060262