ISBN : 9780198843580
This book is structured to reflect the different questions that may arise in connection with a preliminary reference. It explains who can make a reference, what questions can be referred, and when can, when should, and when must a reference be made. Thereupon the book provides detailed guidance on the form and contents of the actual reference as well as the procedure, both before the referring court and the European Court of Justice. Finally, the preliminary ruling and its effects are explained together with the questions of cost and legal aid. Now in its third edition, this book has proved to be of considerable value to the legal practitioner faced with the subtleties of a preliminary reference - be it as judge or advocate. However, it is much more than an advance practitioners' guide. With backgrounds as both practitioners and academics, the two authors have produced a book that also caters for the needs of academics. The practical guidance is thus supplemented by the critical analysis of the Court of Justice's practice. This fully updated and revised edition of Broberg and Fenger on Preliminary References to the European Court of Justice provides a meticulous, yet easily accessible examination of all aspects of the preliminary reference procedure.
1 References for Preliminary Rulings
2 Variations in Member State Use of Preliminary References
3 Which Bodies May Refer?
4 What Questions Can Be Referred?
5 When Can a Reference for a Preliminary Ruling Be Made?
6 When Are National Courts Obliged to Refer Questions?
7 When Ought a Reference for a Preliminary Ruling Be Made?
8 The Form and Content of a Reference
9 Proceedings Before the Referring Court After a Reference Has Been Made
10 The Procedure Before the Court of Justice
11 The Preliminary Ruling
12 The Effects of the Preliminary Ruling
13 Litigation Cost and Legal Aid