|Author (Person)||Broberg, Morten, Fenger, Niels|
|Publisher||Sweet and Maxwell|
|Series Title||European Law Review|
|Series Details||Volume 41, Number 4, Pages 599-607|
|Publication Date||August 2016|
|Content Type||Journal | Series | Blog|
According to Art. 267 of the Treaty on the Functioning of the European Union (TFEU), the courts of the Member States may - and sometimes must - refer questions about the validity and interpretation of EU law to the Court of Justice of the EU so that it can make a binding ruling.
This article reviews the practice of the European Court of Human Rights (ECtHR) on the demands that Art. 6 of the European Convention on Human Rights (ECHR), on the right to a fair trial, make on Member States’ courts when considering making a reference to the Court of Justice for a preliminary ruling. Among other things, it is pointed out that the ECtHR practice on the requirement to give reasons for not making a reference appears to go further than several of the rulings given by Member States’ courts.
|Subject Tags||Court of Justice of the European Union [CJEU], European Court of Human Rights [ECtHR]|
|Keywords||European Convention on Human Rights [ECHR], Preliminary Reference Procedure
|Countries / Regions||Europe|