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National Courts and Preliminary References to the Court of Justice
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National Courts and Preliminary References to the Court of Justice

9781800374164 Edward Elgar Publishing
Jasper Krommendijk, Associate Professor of International and European Law, Research Centre for State and Law (SteR), Radboud University, the Netherlands
Publication Date: December 2021 ISBN: 978 1 80037 416 4 Extent: 224 pp
This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com.

This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.

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Contents
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This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.
 
Closing the gap between empirical interview data, and case law analysis, chapters use a unique combination of the two research methods to consider two current, and one former, EU Member States. The book demonstrates that judges extensively use the procedure and follow its outcome almost without exception, despite dissatisfaction and criticism regarding the absence of a true dialogue.
 
By embedding the examples in the book in appropriate theory, this study will provide a useful read for students of EU law, particularly those wanting to better understand its consequences in the national legal order. Its recommendations for good practices in the ECJ and national courts will also be helpful to legal practitioners, judges and legal secretaries.
Critical Acclaim
‘This book is a very welcome addition to the small but growing literature providing qualitative empirical insight into the practice of a range of national courts in relation to the preliminary reference procedure of EU law, and how those judges perceive the procedure and the role of the Court of Justice. Thoughtfully and carefully written, and based on case-law analysis as well as primary interviews with judges from three national jurisdictions, the book offers a rich and nuanced picture of the facts which influence national judges when deciding whether to refer to Luxembourg, as well as how they respond to the rulings given by the ECJ to the questions they refer.’
– Gráinne de Búrca, New York University Law School, US

Contents
Contents: 1. Introduction to National Courts and Preliminary References to the Court of Justice 2. Legal formalism versus pragmatism 3. Other non-political considerations and factors 4. Politico-strategic reasons 5. The interaction: dialogue or monologue? 6. Perspectives on the answers of the ECJ 7. Follow-up: strict adherence or divergence? 8. Conclusions to National Courts and Preliminary References to the Court of Justice Bibliography Index
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