Skip to main content
Article thumbnail
Location of Repository

"In the court(s) we trust?" on the need for hierarchy and differentiation in the preliminary ruling procedure

By Jan Komárek

Abstract

Outlines arguments in favour of restricting the power to seek preliminary rulings from the European Court of Justice to national courts of last resort and considers how opposition to such a policy may arise from distrust of national courts and their competence to give full effect to EC law. Suggests that arguments against such a limitation, based on notions of uniformity, the judicial protection of individuals and the role of lower courts in developing EC law, have been insufficiently thought through. Proposes a model for limiting the preliminary ruling procedure, including a range of possible exceptions, which would make the domestic courts' hierarchy a genuine part of the EC judicial system

Topics: K Law (General)
Publisher: Sweet & Maxwell Ltd.
Year: 2007
OAI identifier: oai:eprints.lse.ac.uk:29307
Provided by: LSE Research Online
Download PDF:
Sorry, we are unable to provide the full text but you may find it at the following location(s):
  • http://www.sweetandmaxwell.co.... (external link)
  • http://eprints.lse.ac.uk/29307... (external link)
  • Suggested articles


    To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request.