Book Review of Elaine Fahey, Practice and Procedure in Preliminary References to Europe: 30 Years of Article 234 EC Caselaw from the Irish Court

RRDE - Revista Română de Drept European (Wolters Kluwer Romania), No. 2, pp. 209-212, 2011

4 Pages Posted: 27 Oct 2012 Last revised: 29 Oct 2012

See all articles by Daniel Mihail Sandru

Daniel Mihail Sandru

Center for European Legal Studies, Legal Research Institute of Romanian Academy

Date Written: April 1, 2011

Abstract

The importance of the book “Practice and Procedure in Preliminary References to Europe: 30 Years of Article 234 EC Caselaw from the Irish Court” rests in presenting the relevant Irish experience for academic readers and professionals alike; it is not a mere documentation. The book does not provide actual solutions to the persistent issues pending before our courts (unfair clauses, “tax for motor vehicles”), but one is able to find ideas for improving the procedural perspectives. The subject-matter of the book is the important cooperation mechanism between national courts and the European Court of Justice, which encompasses a significant experience in years (30), and even if it is perhaps not as rich in quantitative terms (only 44 references) – it is certainly reminiscent to the Latin dictum “non multum sed multa”. Judges from Romania especially will find approaches and topics reflecting the functionality of preliminary reference mechanism: under that system, they have sometimes to find out the golden path: interpretation versus suspension of proceedings, and so on. Lawyers, in particular (because they are the bearers of a specific message or representative of certain lobbying interests), are among the main beneficiaries of such a monograph which, in practice, will also influence the courts’ practice, by the power of example.

Note: Downloadable document is in Romanian.

Keywords: Preliminary References, Irish preliminary ruling, judicial dialogue, book review, Irish Court

JEL Classification: K22

Suggested Citation

Sandru, Daniel-Mihail, Book Review of Elaine Fahey, Practice and Procedure in Preliminary References to Europe: 30 Years of Article 234 EC Caselaw from the Irish Court (April 1, 2011). RRDE - Revista Română de Drept European (Wolters Kluwer Romania), No. 2, pp. 209-212, 2011, Available at SSRN: https://ssrn.com/abstract=2167483

Daniel-Mihail Sandru (Contact Author)

Center for European Legal Studies, Legal Research Institute of Romanian Academy ( email )

Calea 13 Septembrie nr. 13, sector 5
Bucuresti, 050711
Romania
+ 40726999706 (Phone)
+40213188130 (Fax)

HOME PAGE: http://www.csde.ro

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