The preliminary reference procedure before the European Court of Justice

Abstract

The objective of this thesis is to portray a crystal clear picture of the preliminary reference procedure before the European Court of Justice to its readers. It will make the readers aware of all that this procedure entails and appreciate its beauty. At the outset it is desirable to consider the preliminary reference procedure as a dialogue through which the national courts of the Member States may seek guidance from the ECJ on legal problems which fall within the competence as defined in art 234 of the EC Treaty. This dialogue is between the national court hearing the principal action, which is the only court fully familiar with the case, and the Community Court which is alone capable of securing a uniform interpretation of Community law. This thesis will start by focusing on the Court of Justice as one of the Community institutions playing a vital role in this procedure. I intend to provide a general analysis of its structure and procedure and I will delve into its relationship with the national courts. One will be able to view the role of the ECJ in one of its main targets, enhancing the uniform interpretation of Community law. The following chapter gives a detailed picture on the actual procedure of the reference before the Court of Justice. The aim is to familiarise the reader as much as possible with the oral and written procedure involved to be able to visualise the procedure with his own eyes. In my third chapter I will delve into the preliminary reference procedure under different treaties as the Community Treaties are more than mere international agreements. They form the constitutional charter of the Community and the rules of law derived from them constitute the internal law of the Community. I will analyse what can be referred to the ECJ , portray the importance of this procedure as well as its advantages and effects and the extent of its acceptance by national courts. Finally in my last chapter special emphasis is on the difficulties encountered by this procedure. The reader will be presented with several discussions on the proposed changes to this system and the amendments that entered into force, substantiated by opinions of several authors and recent case law. Before concluding this introductory part, I wish to express my sincere gratitude to Dr Eugene Buttigieg and Mr. Nikola Soukmandjiev for their professional guidance and support in the writing of this thesis.