This fully updated and revised second edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure.
Since the first edition there have been significant changes to the European Union's legal foundations. First and foremost of those being the signing of the Lisbon Treaty, which has had both direct and indirect consequences for the preliminary reference procedure. In addition, the authors have taken into account amendments to the Rules of Procedure of the Court of Justice and the Court's amended Statute, they have added expanded treatment of the acte clair doctrine and the Court's Cartesio
ruling and a more general revision of the text bringing it up to date by taking into account new case law and new legal writings.
In addition to these important updates, the authors have also revised the structure of the book. With backgrounds as both practitioners and academics the two authors have produced a book that caters for the needs of both practitioners and academics.
Morten Broberg Professor in the Faculty of Law of the University of Copenhagen and holds a Jean Monnet Chair. He is a qualified solicitor and has also worked as referendaire (legal secretary) at the European Court of Justice in Luxembourg. He has published extensively in the field of EU law. ; Niels Fenger is Professor in the Faculty of Law of the University of Copenhagen. He has been director of the Legal Service of the EFTA Surveillance Authority in Brussels. He has appeared in a considerable number of cases before the European courts. He is a qualified solicitor and has also worked as referendaire (legal secretary) at the European Court of Justice in Luxembourg. He has published extensively in the field of EU law.
1. Introduction ; 2. Variations in Member State Use of Preliminary References ; 3. Which Bodies May Refer? ; 4. What Questions Can Be Referred? ; 5. When Can a Reference for a Preliminary Ruling be Made? ; 6. When are National Courts Obliged to Refer Questions? ; 7. When Ought a Reference for a Preliminary Ruling be Made? ; 8. The Form and Content of a Reference ; 9. Proceedings Before the Referring Court After a Reference Has Been Made ; 10. The Procedure before the Court of Justice ; 11. The Preliminary Ruling ; 12. The Effects of the Preliminary Ruling ; 13. Litigation Costs and Legal Aid