Position of the arbitration tribunals in the EU legal order Cover Image

Položaj arbitražnih tribunala u pravnom sistemu Evropske unije
Position of the arbitration tribunals in the EU legal order

Author(s): Jelena Vukadinović Marković
Subject(s): EU-Legislation
Published by: Institut za uporedno pravo
Keywords: Article 267 TFEU; preliminary question; arbitration; arbitration award; EU; Court of Justice

Summary/Abstract: The EU Treaties provide that only courts and tribunals from Member States may raise a question on the interpretation and validity of EU law to the Court of Justice of the EU ( 267 EU). The reference for a preliminary ruling is an important procedure whose aim is cooperation between judges at national and European level in order to ensure uniform application of EU law. The Court of Justice should reconsider its interpretation of Article 267 TFEU and allowed arbitration tribunal to put question. On that way, will be preserve unique and compact system of European law. On the other hand, the arbitration tribunals from non member states in every case don’t have competence to put question before European Court of Justice.

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 49-63
  • Page Count: 15
  • Language: Serbian