Details
Provides a completely up-to-date and comprehensive resource on the preliminary reference procedure
Structures information clearly and concisely for practical use in litigation and case preparation
Written in a clear and accessible style so that it is of use to domestic lawyers without EU law expertise
In-depth coverage and critical analysis will also appeal to the academic audience and provide a point of reference for future academic debate
The EU's preliminary reference procedure applies when, in a case before a national court, the judge is faced with a question on the interpretation or validity of EU law that has no straightforward answer. The national court may (and sometimes must) refer this question to the European Court of Justice for a preliminary ruling. This ruling will provide binding authority when subsequently the referring national court is to decide the dispute before it.
Preliminary References to the European Court of Justice provides a detailed examination of all relevant aspects relating to a preliminary reference. Structured in such a way so as to reflect the different questions that may arise in a preliminary reference procedure, the book starts by explaining who can make a reference, what questions can be referred, and when a reference can, should, or must be made.
The book then proceeds to provide detailed guidance on the form and contents of the actual reference as well as the procedure both before the referring court and before the European Court of Justice. Finally, the preliminary ruling and its effects are explained together with the questions of costs and legal aid.
Legal practitioners faced with the subtleties of a preliminary reference - be it as judge or advocate - will find this book of considerable value. The book is however much more than an advanced practitioners' guide. Written by authors with backgrounds in academia and practice the practical guidance is supplemented by critical analysis of the Court of Justice's practice, and the book is extensively referenced throughout with all the most relevant sources reproduced in the annexes.
Readership: Advocates, Judges, and legal academics with an interest in EU law
1. The preliminary reference2. Which bodies may refer questions?3. What questions can be referred?4. When can a reference for a preliminary ruling be made?5. When are national courts obliged to refer?6. When ought a reference for a preliminary ruling to be made?7. The form and content of a reference8. Proceedings before national courts after making a reference9. Procedure before the Court of Justice10. The preliminary ruling11. The effects of preliminary rulings12. Costs and legal aidTable of casesLiteratureIndex ;
Morten Broberg, Professor, University of Copenhagen, Faculty of Law and Danish Institute for International Studies, and Niels Fenger, Professor, University of Copenhagen, Faculty of Law
Morten Broberg is professor in the Faculty of Law of the University of Copenhagen and is an associate researcher at the Danish Institute for International Studies. He is a qualified solicitor and has also worked as référendaire (legal secretary) at the European Court of Justice in Luxembourg. He has published extensively in the field of EU law.
Niels Fenger is professor in the Faculty of Law of the University of Copenhagen. He has been director of the Legal Service of the EFTA Surveillance Authority in Brussels and has in that capacity appeared in a considerable number of cases before the European courts. He is a qualified solicitor and has also worked as référendaire (legal secretary) at the European Court of Justice in Luxembourg. He has published extensively in the field of EU law.
"Although academic takes on the preliminary reference procedure are well known, the book under review stands out as certainly the most detailed exposeé of the key issues related to the procedure in recent years. besides its satisfying richness, the book is strictly legal and written in the best traditions of legal scholarship sensu stricto, which is an overwhelming pleasure to read for a lawyer...recommend that your library order this book." - Dimitry Kochenov, Legal Issues of Economic Integration.
"This book achieves the elusive "something for everyone": it is clear enough to recommend to and engage students; practical enough to be truly useful to lawyers, and judges; and yet it does not shy away from grappling with the more convoluted or conjectural questions for which neither we nor the Court itself yet has answers." - Niamh Nic Shuibhne, The Edinburgh Law Review
"References for preliminary rulings are one of the cornerstones of judicial protection in Union law. The complexities of the issues raised by what is now Article 267 TFEU have given rise to a large body of case law, which has continued to grow with significant recent judgments such as Syfait and Cartesio. Yet there is a dearth of works which can make any claim to being both recent and exhaustive. This book fills that need admirablyAmongst the many virtues of this work is the fact that it is equally strong on practice and theory, thereby straddling the divide between practitioners and academia. It is essential reading for advocates, judges, academics and students interested in this highly important subject." - Peter Oliver, Common Market Law Review 48 , 2011
"Overall, the book by Broberg and Fenger is a major contribution to the study of the multiple questions raised by the preliminary reference procedure. The treatment of some of those questions sets the standard for future academic discussion. But even those parts of the book that, in the eyes of this reviewer, are slightly less compelling are well worth reading and contain much valuable information." - ZÖR
"Amongst the many virtues of this work is the fact that it is equally strong on practice and theory, thereby straddling the divide between practitioners and academia. It is essential reading for advocates, judges, academics and students interested in this highly important subject." - Peter Oliver
"This treatise is most commendable both for its breadth and for its depth...Amongst the many virtues of this work is the fact that it is equally strong on practice and theory, thereby straddling the divide between practitioners and academia. It is essential reading for advocates, judges, academics and students interested in this highly important subject." - Peter Oliver, ASIL
