Admissibility of Requests for a Preliminary Ruling in the Case Law of the CJEU on Judicial Independence
Year: 2024
Type: article
Abstract: In recent years, the CJEU has experienced a significant increase in requests for preliminary rulings on the interpretation of Article 19(1) TEU in the area of judicial independence. However, not all requests concerning this provision have been deemed admissible by the CJEU. This article examines the underlying principles of the preliminary ruling procedure under Article 267 TFEU that guide the CJEU in accepting or rejecting requests from national courts in this critically important area of EU law. It focuses on the concept of ‘court or tribunal’ within the meaning of Article 267 TFEU and the ‘necessity’ of the Court’s ruling.
Source: Teisė
Author: Mantas Stanevičius
Institution: Court of Justice of the European Union
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4402810607