Overcoming the legal Iron curtain: Similarities and dissimilarities in the use of preliminary references betweennew and old Member States

Research output: Chapter in Book/Report/Conference proceedingBook chapterResearchpeer-review

This chapter analyses the determinants that lead national courts across EU countriesto use the preliminary reference procedure, paying special attention to the differences andsimilarities in the use of this mechanism of judicial cooperation between the old and thenew Member States incorporated in 2004 and 2007. The study presents original andcomprehensive data on the use of preliminary references (1961-2011) in all 27 Memberstates. Besides confirming the impact of common factors already tested in the literature,this research additionally identifies some differences in the institutional dynamicsinfluencing the use of preliminary references across older and newer Member States.
Original languageEnglish
Title of host publicationDealing with EU law : The role of the national courts in interpretation and application of European Union law
EditorsMihai Sandru, Giuseppe Martinico, Mihai Banu
Number of pages26
Place of PublicationBucuresti
PublisherEditura Universitara
Publication date2013
Pages60-85
ISBN (Print)978-606-591-749-1
Publication statusPublished - 2013

    Research areas

  • The Faculty of Law - Preliminary references, National Courts, Court of Justice of the European Union, New and Old Member States, CJEU

ID: 156429653