X. JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION  The General Court of the European Union: The guardian of European legal balance following the transfer of competences regarding preliminary rulings Cover Image
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X. JURISPRUDENȚA CURȚII DE JUSTIȚIE A UNIUNII EUROPENE Tribunalul Uniunii Europene: Custodele echilibrului juridic european în urma transferului de competențe privind trimiterile preliminare
X. JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION The General Court of the European Union: The guardian of European legal balance following the transfer of competences regarding preliminary rulings

Author(s): Amelia-Raluca Onișor
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: preliminary ruling procedure; transfer of jurisdiction; General Court of the European Union; Court of Justice; public procurement;

Summary/Abstract: The article explores the implications of the reform that transfers part of the competence for preliminary rulings under Article 267 TFEU from the Court of Justice to the General Court. From a procedural perspective, the reform does not alter the method by which national courts submit requests for preliminary rulings. However, it adds complexity by introducing an additional stage: the possibility of reviewing General Court decisions by the Court of Justice. From an ideological perspective, the reform raises essential questions about the perceived legitimacy of the General Court within the framework of European judicial dialogue and its impact on inter institutional dynamics. The General Court’s specialization in complex technical fields and its ability to deliver faster responses could make it a valuable partner, particularly for national courts with specialized competencies. Nevertheless, the ongoing skepticism regarding the division of competences and the potential risk of undermining the coherence of EU law remain significant concerns. Moreover, the exclusion of economically critical areas such as public procurement from the current reform raises questions about the initiative’s comprehensiveness.

  • Issue Year: 2024
  • Issue No: 04
  • Page Range: 403-412
  • Page Count: 10
  • Language: Romanian
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