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- Title
How Boundaries Have Shifted.
- Authors
Grimbergen, Ramona
- Abstract
Communication within the preliminary reference procedure is limited by boundaries, seeing that the CJEU, like any court, is bound by the concepts of jurisdiction and admissibility. Non-jurisdiction and inadmissibility lead to the non-answering of questions. Over the years the CJEU has taken different approaches to these concepts. Furthermore, the degree of 'assessment-intensity' on the two concepts has changed. Therefore, boundaries have shifted. This shift, however, comes with a responsibility for both the CJEU and the national referring courts to communicate clearly within the procedure. For the CJEU this relates to a unified approach by making a clear distinction between the concepts of jurisdiction and admissibility in its judgments and orders including in the operative part. This would serve the purpose of legal predictability. For the national courts this shift comes with the responsibility to provide enough information for the CJEU, so that an informed assessment on jurisdiction and admissibility can be made.
- Subjects
COURT of Justice of the European Union; JURISDICTION; ADMISSIBLE evidence; ADMINISTRATIVE procedure; EUROPEAN Union
- Publication
Review of European Administrative Law, 2015, Vol 8, Issue 2, p39
- ISSN
1874-7981
- Publication type
Article
- DOI
10.7590/187479815X14465419060307