Preliminary References to the European Court of Justice

Hardcover | April 6, 2014

byMorten Broberg, Niels Fenger

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This fully updated and revised second edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure. Since the first edition there have been significant changes to the European Union's legal foundations. First and foremost of those being the signing of the Lisbon Treaty, which has had both direct and indirect consequences for the preliminary reference procedure. In addition, the authors have takeninto account amendments to the Rules of Procedure of the Court of Justice and the Court's amended Statute, they have added expanded treatment of the acte clair doctrine and the Court's Cartesio ruling and a more general revision of the text bringing it up to date by taking into account new case lawand new legal writings.In addition to these important updates, the authors have also revised the structure of the book. With backgrounds as both practitioners and academics the two authors have produced a book that caters for the needs of both practitioners and academics.

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From the Publisher

This fully updated and revised second edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure. Since the first edition there have been significant changes to the European Union's legal foundations. First and fo...

Morten Broberg Professor in the Faculty of Law of the University of Copenhagen and holds a Jean Monnet Chair. He is a qualified solicitor and has also worked as referendaire (legal secretary) at the European Court of Justice in Luxembourg. He has published extensively in the field of EU law. Niels Fenger is Professor in the Faculty of...

other books by Morten Broberg

Format:HardcoverDimensions:528 pagesPublished:April 6, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019870402X

ISBN - 13:9780198704027

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Table of Contents

1. Introduction2. Variations in Member State Use of Preliminary References3. Which Bodies May Refer?4. What Questions Can Be Referred?5. When Can a Reference for a Preliminary Ruling be Made?6. When are National Courts Obliged to Refer Questions?7. When Ought a Reference for a Preliminary Ruling be Made?8. The Form and Content of a Reference9. Proceedings Before the Referring Court After a Reference Has Been Made10. The Procedure before the Court of Justice11. The Preliminary Ruling12. The Effects of the Preliminary Ruling13. Litigation Costs and Legal Aid