Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ LSE Law Reviewarrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
LSE Law Review
Article . 2021 . Peer-reviewed
License: CC BY
Data sources: Crossref
addClaim

‘“Grow Up!”: Rethinking the Preliminary Reference Procedure from the Perspective of Maturity’

Authors: Jasaron Bajwa;

‘“Grow Up!”: Rethinking the Preliminary Reference Procedure from the Perspective of Maturity’

Abstract

The clash between the German Constitutional Court and the CJEU in May 2020 over economic policy highlights the growing tension between the EU and the courts of last instance in Member States. This article argues that such tensions demand a legal order which respects national judicial hierarchies, and thereby becoming mature. Through an examination of the preliminary reference procedure, this article puts forward a novel set of reforms which seek to engage national courts of last instance, while forcing lower national courts to treat EU law as national law where possible. This is achieved by suggesting limitations to the circumstances in which courts can refer cases to the CJEU. These proposed reforms mark a departure from the conventional aim of the procedure – to ensure uniformity – which is abandoned in favour of a focus on national judges’ abilities to provide confident interpretations of EU law. In addition to focusing on bringing the legal order to maturity through respect of national hierarchies, this article suggests a robust system of holding national courts to account through clearer rules and reforms to Köbler liability. All of this, it follows, would result in a mature legal order based on genuine trust, which facilitates interactions between the CJEU and national courts as the EU continues to legislate in constitutionally sensitive areas.

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold
Related to Research communities