Procedure of preliminary decision as a supranational judicial keynote of the European Union member states

Author:Delia Magherescu
Position:Attorney at Law, Gorj Bar Association, Romania
Pages:236-249
SUMMARY

The procedure of preliminary decision has been for a long time agreed unanimously both by doctrine and jurisprudence and considered as a keynote in developing notional law systems of the European Communities. In the national frame, it is similarly with submitting unconstitutional exception, regulated in several national jurisdictions of the EU Member States. The current paper aims at providing... (see full summary)

 
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Procedure of preliminary decision as a supranational judicial
keynote of the European Union member states
Ph.D. Delia MAGHERESCU
1
Abstract
The procedure of preliminary decision has been for a long time agreed
unanimously both by doctrine and jurispruden ce and considered as a keynote in developing
notional law systems of the European Communities. In the national frame, it is similarly
with submitting unconstitutional exception, regulated in several national jurisdictions of the
EU Member States. The current paper aims at providing some argues based on a
jurisprudence frame o f the procedure of preliminary decision made by the Court of Justice
of the European Union, as being directory for the national EU Member States’ cou rts of
justice. It a lso focuses on the judicial issues whose solution is needed in order for the
national justice to solve the cases they were invested with.
Keywords: procedure of preliminary decision; administrative procedure; national justice;
supranational judicial system
JEL Classification: K33, K41
1. Introduction
The procedure of preliminary decision is a comprehensive mechanism,
which comprises several elements, such as: the national cases of preliminary
question, the EU’s judicial authorities and jurisdiction as well as its effects upon
the national EU Member States’ judiciary. From a secondary overview, this means
that a de jure relation is developed between the EU judicial authorities and the EU
Member States’ ones.
The idea of a supranational judicial forum arose in the entire EU Member
States, a particular view being on the EU institutions, which have seen a Court of
Justice as a key-factor of solving unitary the issues of administrative procedures in
all of the 28 Member States. This achievement was also “an emergency” case in
administrative procedure, due to the fact that solving unitary on the procedure of
administrative cases was very much a desideratum as long as different solutions in
this area were pronounced in the same judgments.
First of all, I would like to state the Court of Justice of the European
Communities has been setting up in order to assure respecting laws and rules of
interpretation and application of the EC Treaty during its competence provided. It
is well known that, until its creation, the other EU institutions, in particular the
European Council, the European Commission and the European Parliament, had
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Delia Magherescu - Attorney at Law, Gorj Bar Association, Romania, delia_magherescu@
yahoo.com .

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