THE IMPORTANCE AND UTILITY OF THE?PRELIMINARY RULING” PROCEDURE OF THE COURTOF JUSTICE OF THE EUROPEAN UNION

摘要

THE COURTS OF THE 28 MEMBER STATES MAY INTERPRET AND APPLY THE EUROPEANLEGISLATION IN DIFFERENT WAYS, WHICH COULD “IRREMEDIABLY COMPROMISE THEFULFILMENT OF THE EUROPEAN UNION’S OBJECTIVES”2.FOR THE INTERPRETATION OF THE UNION’S LAW TO NOT BE LEFT SOLELY TO THE DISCRETIONOF THE NATIONAL COURTS, THIS ARTICLE AIMS TO REVEAL THE IMPORTANCE OF THEPRELIMINARY RULING PROCEDURE, BASED ON WHICH THE COURT OF JUSTICE OF THEEUROPEAN UNION HAS THE COMPETENCE TO JUDGE WITH A PRELIMINARY TITLE, ACCORDINGTO ART 19 PARA 3 LET B) OF THE TEU CORROBORATED WITH ART 267 OF THE TFEU, AT THEREQUEST OF THE NATIONAL COURTS, REGARDING THE INTERPRETATION OF THE EUROPEANUNION’S LAW OR THE VALIDITY OF THE ACTS ADOPTED BY THESE INSTITUTIONS.THIS IS WHY THIS MECHANISM HAS THE ROLE TO PREVENT A DIVERGENT JURISPRUDENCEWITHIN THE UNION USING THE “PRELIMINARY RULING PROCEDURE” BY THE COURT OF JUSTICEOF THE EUROPEAN UNION.