Selected Judgments of Constitutional Court of Slovak Republic Regarding the Preliminary Ruling Procedure
Selected Judgments of Constitutional Court of Slovak Republic Regarding the Preliminary Ruling Procedure
Author(s): Daniela JežováSubject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Palackého v Olomouci
Keywords: Preliminary ruling procedure; Court of Justice; national courts; obligatory preliminary question; non-referral to the CJEU; constitutional consequences of non-referral; Slovak practice
Summary/Abstract: This article deals with the question of the obligation to refer a preliminary reference to the Court of Justice and when the national courts breach its obligation to refer. In case when the national court breach its obligation to refer the issue of violation of the constitutional right of individual arises. The article provides insight in terms of constitutional law on the fundamental right with connection to the violation of the obligation of national court to refer.
Journal: International and Comparative Law Review
- Issue Year: 13/2013
- Issue No: 1
- Page Range: 85-94
- Page Count: 10
- Language: English