The Form and Content of a Reference

AbstractThe procedure for preliminary references is relatively unregulated. The Court of Justice has, however, gradually laid down a number of requirements for how a reference should be formulated. Chapter 8 identifies these requirements and makes recommendations as to how a reference should be framed. The referring court must ensure that the order for reference is thorough. Thus, the order should clearly identify the question referred, it should provide information both about the facts of the case and about national law, and the reference must be understandable without the need to refer to other documents. Chapter 8 also examines the urgent preliminary ruling procedure in the area of freedom, security and justice.