ПРОЦЕДУРАТА ПО ВЗЕМАНЕ НА ПРЕЮДИЦИАЛНО РЕШЕНИЕ В СЪДА НА ЕВРОПЕЙСКИЯ СЪЮЗ И НЕЙНИТЕ ИСТОРИЧЕСКИ ПРЕДШЕСТВЕНИЦИ
PRELIMINARY RULING PROCEDURE BEFORE EUROPEAN COURT OF JUSTICE AND ITS HISTORICAL BACKGROUND

Summary/Abstract: The article presents the historical preconditions for the procedure in the European Court according to § 234 of the Treaty establishing the European Communities (TEEC) which establish that a regular judge from a EU Member State may submit, and the supreme judge in the same country is obliged to submit a request to the European Court for a preliminary judgment when it comes to interpretation of legal norms of the European Union. The purpose of this procedure is to ensure uniform interpretation and application of European law in all Member States. The author looked at it in the context of the extension of roman law tradition associated with imperial constitutions, as in contemporary procedural law in Europe, for example in France, notices of "the rebirth of the rescript." He considered attractive task to compare roman legal practice from ancient Rome to nowadays making procedure prejudicial decision according to § 234 of TEEC because in both cases the uniform application of legal norms has been and continues to be the goal of every conscious legal policy. A comparison is made with the period of the European codifications (XVIII and XIX centuries) and also some remarks on "référé législatif" in the XVIII and XIX centuries.

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