THE JUDICIAL DIALOGUE FROM THE PERSPECTIVE OF RECENT CASE LAW ON THE DUTY OF NATIONAL COURTS TO REFER PRELIMINARY QUESTIONS TO THE COURT OF JUSTICE OF THE EUROPEAN UNION
THE JUDICIAL DIALOGUE FROM THE PERSPECTIVE OF RECENT CASE LAW ON THE DUTY OF NATIONAL COURTS TO REFER PRELIMINARY QUESTIONS TO THE COURT OF JUSTICE OF THE EUROPEAN UNION

Summary/Abstract: This approach addresses the preliminary ruling procedure provided for in Article 267 of the Treaty on the Functioning of the European Union (TFEU) and especially the obligation of national courts of last instance to refer questions to the Court of Justice in paragraph three of this article. The interaction established between the Court of Justice of the European Union and national courts (acting as European courts) through this procedure is considered to be of a cooperative nature, representing a specific form of "judicial dialogue" in which each of the two types of courts has its own tasks and responsibilities. More specifically, the paper aims to examine both in a descriptive and analytical approach recent developments in the case law from the Court of Justice of the European Union regarding the obligation provided by Article 267 (3) TFEU from the perspective of ideas of judicial dialogue. The possible transformative meanings of this jurisprudence and the concrete implications are placed in the broader conceptual frame work provided by the doctrinal theories regarding the inter-court relationship in the European Union.

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