<abstract xmlns="http://www.w3.org/1999/xhtml"><p> This article deals with the question of the obligation to refer a preliminary reference to the Court of Justice and when the national courts breach its obligation to refer. In case when the national court breach its obligation to refer the issue of violation of the constitutional right of individual arises. The article provides insight in terms of constitutional law on the fundamental right with connection to the violation of the obligation of national court to refer.</p></abstract>

This article deals with the question of the obligation to refer a preliminary reference to the Court of Justice and when the national courts breach its obligation to refer. In case when the national court breach its obligation to refer the issue of violation of the constitutional right of individual arises. The article provides insight in terms of constitutional law on the fundamental right with connection to the violation of the obligation of national court to refer.

Selected Judgments of Constitutional Court of Slovak Republic Regarding the Preliminary Ruling Procedure

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

This article deals with the question of the obligation to refer a preliminary reference to the Court of Justice and when the national courts breach its...

Selected Judgments of Constitutional Court of Slovak Republic Regarding the Preliminary Ruling Procedure

Publié en ligne: 24 janv. 2018

Pages: 87 - 96

DOI: https://doi.org/10.1515/iclr-2016-0060.

Mots clés
Preliminary ruling procedure, Court of Justice, national courts, obligatory preliminary question, non-referral to the CJEU, constitutional consequences of non-referral, Slovak practice

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Selected Judgments of Constitutional Court of Slovak Republic Regarding the Preliminary Ruling Procedure

Publié en ligne: 24 janv. 2018

Pages: 87 - 96

DOI: https://doi.org/10.1515/iclr-2016-0060.

Mots clésPreliminary ruling procedure, Court of Justice, national courts, obligatory preliminary question, non-referral to the CJEU, constitutional consequences of non-referral, Slovak practice

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Mots clés
Preliminary ruling procedure, Court of Justice, national courts, obligatory preliminary question, non-referral to the CJEU, constitutional consequences of non-referral, Slovak practice