Probleme Din Jurisprudenţa Trimiterilor Preliminare Formulate De Instanţele Din România (Case Law Issues on Preliminary Rulings on Cases Referred by Romanian Courts)

Abstract

Six years after the accession of Romania to the European Union and gathering significant experiences, the authors assess, qualitatively, the preliminary references made by Romanian courts. Regard is paid also to courts’ attitude towards judicial dialogue, concerning especially the rejection of requests for a preliminary reference (use and abuse in requesting a preliminary reference) but also to the way principles of EU law pertaining division of competences are understood in practice. The present paper restates part of conclusions of the book "Procedura trimiterii preliminare. Principii de drept al Uniunii Europene şi experienţe ale sistemului român de drept" ("Preliminary ruling procedure. Principles of EU law and experiences of the Romanian legal system.") A summary presentation of the cases registered at the Court of Justice of the European Union is performed, followed by an analysis concerning the diversity of references.

Note: Downloadable document is in Romanian.

Keywords: Court of Justice of the European Union, Romania, preliminary reference, inadmissibility, order, judgment, Article 267 TFEU

JEL Classification: K22