Preliminary rulings and the area of freedom, security and justice

Series Title
Series Details Vol.44, No.1, February 2007, p1–7
Publication Date February 2007
ISSN 0165-0750
Content Type

Publishers Abstract:
The preliminary ruling procedure, a characteristic feature of the relationship between national courts and the European Court Justice, has been enormously successful. The situation has become even more difficult due to the successive enlargements to new Member States and to the growing variety of procedures providing for the possibility of some sort of preliminary ruling. Among them special mention must be made of the provisions of Article 35 TEU and Article 68 EC. The proposal of the president of the Court concerns preliminary ruling procedure in the entire field of freedom, security and justice, that is to say Article 35 TEU and Article 68 EC. Presently, although under these articles the jurisdiction of the Court is limited, the procedure is parallel to that of ordinary Community law. The president of the Court of Justice is contemplating the creation in that field of a new type of procedure which might be called the emergency preliminary ruling procedure.

Source Link http://www.kluwerlawonline.com/index.php?area=Journals
Countries / Regions