Javascript must be enabled to continue!
The Preliminary Ruling
View through CrossRef
AbstractChapter 11 examines the preliminary ruling as such, including the extent to which the Court of Justice reformulates the preliminary question. It considers when the Court of Justice renders the preliminary ruling as a judgment and when as an order. The chapter also examines when the Court narrows down the preliminary question, when it includes other EU law provisions, when it provides alternative answers, and when it includes issues that do not form part of the preliminary reference, but nevertheless may be relevant for the referring court’s decision of the main action. Moreover, chapter 11 analyses when and how the Court of Justice may tailor its preliminary ruling to the facts of the case before the referring court.
Oxford University PressOxford
Title: The Preliminary Ruling
Description:
AbstractChapter 11 examines the preliminary ruling as such, including the extent to which the Court of Justice reformulates the preliminary question.
It considers when the Court of Justice renders the preliminary ruling as a judgment and when as an order.
The chapter also examines when the Court narrows down the preliminary question, when it includes other EU law provisions, when it provides alternative answers, and when it includes issues that do not form part of the preliminary reference, but nevertheless may be relevant for the referring court’s decision of the main action.
Moreover, chapter 11 analyses when and how the Court of Justice may tailor its preliminary ruling to the facts of the case before the referring court.
Related Results
The Effects of the Preliminary Ruling
The Effects of the Preliminary Ruling
AbstractChapter 12 considers the binding effect of a preliminary ruling. The chapter deals with the effects of a preliminary ruling on the main proceedings, it examines the effect ...
Preliminary investigation and invalidity of investigative actions
Preliminary investigation and invalidity of investigative actions
Abstract
Time limits for preliminary investigation and it’s duration is part of the right to a regular legal process, provided for by Article 42 of the Constitution ...
Broberg and Fenger on Preliminary References to the European Court of Justice
Broberg and Fenger on Preliminary References to the European Court of Justice
AbstractThis fully updated and revised 3rd edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all asp...
The Philippine Supreme Court’s Ruling on the Mining Act: A Political Science Perspective
The Philippine Supreme Court’s Ruling on the Mining Act: A Political Science Perspective
The study tests the plausibility of an attitudinal account of the Philippine Supreme Court’s December 2004 ruling reversing its original decision invalidating the financial and tec...
Dominance of the Ruling Party and the Turmoil of the opposition in Mozambique
Dominance of the Ruling Party and the Turmoil of the opposition in Mozambique
Mozambique is one of the African countries which embraced democratisation in the 1990s. Following a civil war the two belligerent forces in the country embraced a multiparty syste...
Preliminary rulings before the General Court: What judicial architecture for the European Union?
Preliminary rulings before the General Court: What judicial architecture for the European Union?
This contribution critically examines the implications of the Request submitted by the Court of Justice with a view to amending Protocol No. 3 on the Statute of the Court of Justic...
References for Preliminary Rulings
References for Preliminary Rulings
AbstractChapter 1 gives an account of the development of the preliminary ruling procedure and outlines the different types of preliminary references in the EU system. It gives an a...
Grindr? it’s a “Blackmailer’s goldmine”! The weaponization of queer data publics Amid the US–China trade conflict
Grindr? it’s a “Blackmailer’s goldmine”! The weaponization of queer data publics Amid the US–China trade conflict
In March 2019, the Committee on Foreign Investment in the United States (CFIUS) identified Grindr, a hookup app that predominantly caters to men who have sex with men, as a “nation...

