<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Although a substantial part of the body of laws of an EU Member State is founded upon European Union law and norms, the number of preliminary questions emanating from courts in the Czech Republic appears to be disproportionately low compared to other similar EU Member States. The aim of this article is to analyse and outline possible reasons for the lack of preliminary questions coming from the Czech Republic. In her analysis, the author identifies three possible factors underpinning the issue. These factors include attitudes towards the EU and a general lack of understanding of the relevance of EU laws and norms; the role of preliminary rulings; and the perception and recognition of courts. An integral part of this analysis is a critical commentary on the shifts in how courts and tribunals are perceived within the meaning of Art. 267 TFEU. Lastly, the author offers guidance to fellow legal professionals and academics for interpreting EU norms.</p>
</abstract>

Although a substantial part of the body of laws of an EU Member State is founded upon European Union law and norms, the number of preliminary questions emanating from courts in the Czech Republic appears to be disproportionately low compared to other similar EU Member States. The aim of this article is to analyse and outline possible reasons for the lack of preliminary questions coming from the Czech Republic. In her analysis, the author identifies three possible factors underpinning the issue. These factors include attitudes towards the EU and a general lack of understanding of the relevance of EU laws and norms; the role of preliminary rulings; and the perception and recognition of courts. An integral part of this analysis is a critical commentary on the shifts in how courts and tribunals are perceived within the meaning of Art. 267 TFEU. Lastly, the author offers guidance to fellow legal professionals and academics for interpreting EU norms.

Why Do So Few Preliminary Questions Come From Czechia?

Wroclaw Review of Law, Administration & Economics

This work is licensed under the Creative Commons Attribution 4.0 International License.

{"article-title":"Why Do So Few Preliminary Questions Come From Czechia?"}

Although a substantial part of the body of laws of an EU Member State is founded upon European Union law and norms, the number of preliminary questions...

Years	2017	2018	2019	2020	2021	2022
Total CJEU	533	568	641	557	567	? As of the deadline for submission of this article, the CJEU had not issued its annual report for 2022. I have derived 2022 numbers for the Czech Republic myself from the curia website.
CZ	4	12	5	9	8	13

Why Do So Few Preliminary Questions Come From Czechia?

Published Online: Jun 04, 2024

Page range: -

DOI: https://doi.org/10.2478/wrlae-2023-0020

Keywords
preliminary ruling, preliminary question, definition of court, Court of Justice of the European Union, direct effect, harmonious interpretation, primacy of EU law, Directive 2012/34/EU, railway sector

© 2023 Tereza Kunertová, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Figure 1:

Figure 2:

Figure 3:

Total number of preliminary questions referred to the CJEU from all Member States and the number of preliminary questions coming from the Czech Republic

Why Do So Few Preliminary Questions Come From Czechia?

Published Online: Jun 04, 2024

Page range: -

DOI: https://doi.org/10.2478/wrlae-2023-0020

Keywordspreliminary ruling, preliminary question, definition of court, Court of Justice of the European Union, direct effect, harmonious interpretation, primacy of EU law, Directive 2012/34/EU, railway sector

© 2023 Tereza Kunertová, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Figure 1:

Figure 2:

Figure 3:

Total number of preliminary questions referred to the CJEU from all Member States and the number of preliminary questions coming from the Czech Republic

Keywords
preliminary ruling, preliminary question, definition of court, Court of Justice of the European Union, direct effect, harmonious interpretation, primacy of EU law, Directive 2012/34/EU, railway sector