But That's Not What I Asked! The Reformulation of Questions Asked in Preliminary Rulings

Europar├Ąttslig tidskrift, Vol 18, No 4, pp 939-956, 2016

18 Pages Posted: 26 Jan 2016

Date Written: January 21, 2016

Abstract

This article investigates the CJEU's practice as regards the reformulation of questions asked by national courts in the preliminary ruling procedure. The questions asked by national courts and in particular their formulation are a vital link between the national court and the CJEU, because they determine to a large degree the type of answer given by the CJEU. The question asked here is when the CJEU reformulates questions asked by national Courts and what effects such reformulations can have on the constitutional balance between the CJEU and national courts.

Keywords: Preliminary rulings, questions, national courts, EU constitutional law

Suggested Citation

Voss, Katharina, But That's Not What I Asked! The Reformulation of Questions Asked in Preliminary Rulings (January 21, 2016). Europar├Ąttslig tidskrift, Vol 18, No 4, pp 939-956, 2016. Available at SSRN: https://ssrn.com/abstract=2719594

Katharina Voss (Contact Author)

Swedish Competition Authority ( email )

Stockholm SE-103 85
Sweden

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