САРАДЊА НАЦИОНАЛНИХ СУДОВА СА СУДОМ ПРАВДЕ ЕВРОПСКИХ ЗАЈЕДНИЦА У ПРЕЛИМИНАРНОМ ПОСТУПКУ
COOPERATION OF NATIONAL COURTS WITH THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES IN THE PARLIAMENTARY PROCEDURE

Summary/Abstract: This article explores the preliminary procedure under Article 234 of the Treaty Establishing the European Community. Firstly, some introductory remarks on the basic elements of the preliminary rulings procedure are given. Secondly, the author explains both the obligatory and facultative requests for the preliminary procedure, stressing the precedent system and the acte claire doctrine introduced by the European Court of Justice. Thirdly, different forms of the preliminary procedures are explained. Fourthly, some remarks on the relationship between national courts, on the one hand, and the European Court of Justice, on the other hand, are presented. Last but not least, some eventual reforms of the preliminary rulings are pointed out. The aim of this article is to demonstrate the co-operation between Community and national courts through the preliminary rulings procedure in order to maintain the uniform application of the EC law. The creative role of the European Court of Justice in interpreting the preliminary rulings procedure has enrolled national courts as enforcers and appliers of the Community law. The relationship between national courts and the European Court of Justice has become more multilateral. Nevertheless, the community judicial system is far from being the federal one.

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