CEU Electronic Theses and Dissertations, 2009
| Author | Protzner, András |
|---|---|
| Title | EVALUATION OF THE REFERRAL PROCEDURE OF THE EUROPEAN COURT OF JUSTICE IN THE LAST DECADES |
| Summary | Present work analyses the changes of referral procedure of the European Court of Justice in virtue of Article 234 of the Treaty on the European Union in the last decades. According to this special proceeding the Member States’ courts and tribunals if they consider that a case before them raises a problem concerning the interpretation or validity of community law, refer the question arisen to the European Court of Justice for preliminary ruling. The Court of Justice plays an important role in the community law as it gives interpretation on the referred community law question and the national court or tribunal passes its judgment according to the provided interpretation. The present paper focuses on the evaluation of this procedure, how its development has changed the community law and vice versus, and how the structure and procedure of the Court of Justice have improved, to give answer to the constantly increasing number of cases overburdening the community judicial system threatening the unity and the coherence of the community law by both analyzing the case law and the structural changes of the Court of Justice. |
| Supervisor | Peter Hay |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2009/protzner_andras.pdf |
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