Knocking on Heaven's Door: Fragmentation, Efficiency and Definance in the Preliminary Reference Procedure

Posted: 24 Oct 2002

See all articles by P. Takis Tridimas

P. Takis Tridimas

Queen Mary University of London, School of Law; King's College London - The Dickson Poon School of Law; The Pennsylvania State University (University Park) – Penn State Law

Abstract

In the process towards European constitutional rediscovery, set in motion by the Treaty of Rome, Article 177 (now 234) has been by far the most important instrument of change. By providing the meeting point for the Community and the national legal orders, it has enabled the ECJ, more than any other jurisdictional provision, to define its mandate, establish the Anew legal order, and develop constitutional doctrine. This article discusses the evolution of the preliminary reference procedure and its adjustment to the constitutional pluralism of the Union; it examines selectively the case law on Article 234 in the period between 1998 and the first half of 2002; and assesses trends in the use of preliminary references by national courts. It is divided as follows. The first part traces the development of the preliminary reference procedure. The second part discusses demand and supply for references and the measures chosen to address the mounting increase in the Court's case law. The article then turns to examine recent case-law in three areas: the control of admissibility of references; the definition of court or tribunal; and the jurisdiction of the ECJ to interpret Community measures where they apply by virtue of national law. The next section discusses varying perceptions of the preliminary reference procedure by national courts. The final parts contains concluding remarks.

Suggested Citation

Tridimas, P. Takis, Knocking on Heaven's Door: Fragmentation, Efficiency and Definance in the Preliminary Reference Procedure. Available at SSRN: https://ssrn.com/abstract=321064

P. Takis Tridimas (Contact Author)

Queen Mary University of London, School of Law ( email )

United Kingdom

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

The Pennsylvania State University (University Park) – Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
2,260
PlumX Metrics