The Interpretative Competence of the Court of Justice of the European Communities - Legal Nature, Significance and Entitled Persons  Cover Image
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Тълкувателна компетентност на Съда на Европейските общности - същност, значение и право на сезиране
The Interpretative Competence of the Court of Justice of the European Communities - Legal Nature, Significance and Entitled Persons

Author(s): Elena Todorova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: One of the most important aspects of the activity of the European Court of Justice is its interpretative jurisdiction to give preliminary rulings under Article 134 EC (and corresponding provisions of the other Treaties - 150 Euratom and 41 ECSC). The effect of these articles is that any question of Community law in issue before a national court may be authoritatively determined by the Court of Justice if that question is referred to it. The aim of this article is to be reviewed in detail certain aspects, concerning the system for preliminary rulings which comprise the following questions: legal sources and nature of the procedure for preliminary rulings; need for such a system; who can refer and which are the national courts entitled and in some cases obliged to make a reference.

  • Issue Year: XLIV/2003
  • Issue No: 4
  • Page Range: 70-81
  • Page Count: 12
  • Language: Bulgarian