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"In the court(s) we trust?" on the need for hierarchy and differentiation in the preliminary ruling procedure

Komárek, Jan (2007) "In the court(s) we trust?" on the need for hierarchy and differentiation in the preliminary ruling procedure. European Law Review, 32 (4). pp. 467-491. ISSN 0307-5400

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Abstract

Outlines arguments in favour of restricting the power to seek preliminary rulings from the European Court of Justice to national courts of last resort and considers how opposition to such a policy may arise from distrust of national courts and their competence to give full effect to EC law. Suggests that arguments against such a limitation, based on notions of uniformity, the judicial protection of individuals and the role of lower courts in developing EC law, have been insufficiently thought through. Proposes a model for limiting the preliminary ruling procedure, including a range of possible exceptions, which would make the domestic courts' hierarchy a genuine part of the EC judicial system.

Item Type: Article
Official URL: http://www.sweetandmaxwell.co.uk/Catalogue/Product...
Additional Information: © 2007 Sweet and Maxwell
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Departments > European Institute
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 09 Sep 2010 12:17
URL: http://eprints.lse.ac.uk/29307/

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