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The Preliminary Ruling Procedure, Today: Revisiting Article 267 TFEU’s Constitutional Backbone

Authors: Daniele Gallo; Lorenzo Cecchetti;

The Preliminary Ruling Procedure, Today: Revisiting Article 267 TFEU’s Constitutional Backbone

Abstract

As the title of the Special Issue suggests, its main purpose is to shed new light on the content, scope, extent, and limits of Article 267 TFEU in today’s Union and, in turn, on the nature of this procedure and the European Court of Justice (ECJ)’s role as a sui generis supranational court. Such role has been played first and foremost through the rulings rendered in the context of the preliminary ruling procedure, which has been defined as the ‘keystone’ of the EU judicial system,2 the ‘most important aspect of the work of the Court’,3 the ‘jewel in the Crown’ of the Court’s jurisdiction,4 and the ‘genius’ without which core principles, such as direct effect and primacy, could have not been conceived.5 Indeed, the procedure enshrined in Article 267 TFEU has shaped and continues to shape profoundly the EU legal order and the relationship between the EU and the Member States.Moreover, this procedure shall not be seen simply as a tool used by the Court of Luxembourg to strengthen the evolution of EU law. In fact, the way Article 267 TFEU has been constantly interpreted, redesigned, and materially reformed over the decades is also a symptom of the dynamics underpinning such evolution. This transformative and mimetic nature of Article 267 TFEU explains the evergreen interest in the procedure despite the absence of any amendment to the Treaties since the 1950s, confirmed by the large number of studies published on the subject over the last few years.

Country
Italy
Keywords

Preliminary Reference Procedure, Article 267 TFEU, European Court of Justice, Duty to Refer, Erga Omnes Effect, Temporal Effects, Overruling Technique, Supreme Court of the United States, Human Rights, Cooperative Federalism

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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
Green
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