The first and only request for a preliminary ruling made by the National Council for Solving Complaints Cover Image
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Prima și singura trimitere preliminară realizată de către Consiliul Național de Soluționare a Contestațiilor
The first and only request for a preliminary ruling made by the National Council for Solving Complaints

Author(s): Dumitru-Daniel Șerban
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: National Council for Solving Complaints; request for a preliminary ruling; public procurement; celerity principle

Summary/Abstract: The request for a preliminary ruling referred to the Court of Justice of the European Union is based on a dialogue between one court and another, the initiation of which depends entirely on the national court’s assessment as to whether that request is appropriate and necessary. As regards the National Council for Solving Complaints, the subject of such a dialogue is recent, application being initiated at the end of May 2018, in Case C-353/18. Regarding the celerity imperative of the procedure for the settlement of complaints by the Council, triggering of the referral mechanism should be considered in detail and with great reservations, the mechanism going to be applied only as a last option, when there is no other way to build on the meaning of legal norms.

  • Issue Year: 2018
  • Issue No: 09
  • Page Range: 521-526
  • Page Count: 6
  • Language: Romanian