10 September 2025
To Uniformity and Beyond
After the Hungarian judiciary had already faced controversy over the preliminary reference procedure under Article 267 TFEU in the question phase, a new tension has emerged. The supreme judicial body in Hungary now seeks to intervene in the answer phase of the procedure – aiming to shape the referring court’s interpretation and application of the CJEU’s ruling. These dynamics foreshadow an institutional conflict over how the Hungarian judiciary internalizes and operationalizes the jurisprudence of the CJEU. At stake is the fulfillment of the principle of sincere cooperation enshrined in Article 4(3) TEU. Continue reading >>
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12 October 2021
In the Courts the CJEU does not Trust?
In last week’s long-awaited judgment, the CJEU had the opportunity to revisit its case law concerning the national courts’ obligation to refer preliminary questions. The Court largely maintained its strict approach and thereby, at first sight, admits of little trust in the national courts’ handling of EU law. Upon closer inspection, however, an alternative reading of the judgment seems possible. Continue reading >>17 October 2018