The Sanctity of Preliminary References - An analysis of the CJEU decision C-564/19 IS
Bárd, Petra
Author
aut
Text
xx#
2021
Verfassungsblog
2021-11-26
eng
A national supreme court must not declare a request for a preliminary ruling by a lower court unlawful on the ground that the referred questions are irrelevant and unnecessary for the original case. This has been held by the Court of Justice of the EU (CJEU) in its important decision C-564/19 IS. In addition, the CJEU held that EU law also precludes disciplinary proceedings from being brought against national judges on the ground that they made a reference for a preliminary ruling. The case also raises important questions to what extent preliminary rulings can be effective against rule-of-law decline and make up for political EU institutions’ failure to use adequate EU tools of supervision and enforcement.
CC BY-SA 4.0
Bárd, Petra
Disciplinary Proceedings
European Court of Justice
Hungarian Supreme Court
judicial independence
preliminary reference
342
https://verfassungsblog.de/the-sanctity-of-preliminary-references/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20211126-215840-0
211126
10.17176/20211126-215840-0
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