References to the European Court, 2nd ed.

Book abstract:

This book closely examines the principles following Article 234 and its analogues, which deal with referrals to the European Court of Justice. It sets out to clarify and explain what is often a lengthy and complex process, one that is still unfamiliar to many states.

Working from numerous Articles and conventions, chapter one deals with the question of preliminary references, and includes a discussion of national variations. Chapters two and three explore, respectively, the courts and tribunals entitled to refer, and the jurisdiction to refer, while chapters four and five look at impermissible references and the exercise of discretion. Issues here include grounds for declining jurisdiction and matters of invalidity. Chapters six and seven discuss the courts of last instance and the procedures for making a reference, and chapter eight explains the structure and organisation of the European Court itself. In chapters nine, ten and eleven, there are details on participants in the reference, and the written and oral procedures for making reference, and chapter twelve probes miscellaneous procedures like the joinder of cases, parallel proceedings, interlocutory applications, and deferment. Chapter thirteen looks at the ruling and its sequel, and chapter fourteen concludes by investigating effects of the ruling. The authors have also supplied extensive appendices.

The book is aimed at judges and lawyers throughout the Member States, particularly new or incoming ones.

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