Are there any sanctions for breaching the duty to refer to the European Court of Justice? Cover Image
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Există sancţiuni pentru încălcarea obligaţiei instanţei naţionale de efectuare a unei trimiteri preliminare la Curtea de Justiţie?
Are there any sanctions for breaching the duty to refer to the European Court of Justice?

Author(s): Daniel - Mihail Şandru, Constantin Mihai Banu, Dragoş Călin
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: preliminary reference; Article 267(3) TFEU; state liability; infringement proceedings

Summary/Abstract: This article considers the framework of potential sanctions for the case when the European Court of Justice is not referred with a preliminary reference, while the national court is under a duty to do so, according to Article 267(3) TFEU.The scenarios examined in the paper comprise the duty to state reasons which is incumbent upon the court that refuses to refer questions to the the European Court of Justice, the Member State liability for a breach of EU law, according to Köbler case law, and the infringement proceedings brought by the European Commission against the Member State. The last scenario finds its basis in the (apparently) simple finding that courts and tribunals, even if they are independent, are nonetheless institutions of the Member State.

  • Issue Year: 2014
  • Issue No: 12
  • Page Range: 708-713
  • Page Count: 6
  • Language: Romanian