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

By Jan Komárek


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
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Provided by: LSE Research Online
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