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"In the court(s) we trust?" on the need for hierarchy and differentiation in the preliminary ruling procedure

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Outlines arguments in favour of restricting the power to seek preliminary rulings from the European Court of Justice to national courts of last resort and considers how opposition to such a policy may arise from distrust of national courts and their competence to give full effect to EC law. Suggests that arguments against such a limitation, based on notions of uniformity, the judicial protection of individuals and the role of lower courts in developing EC law, have been insufficiently thought through. Proposes a model for limiting the preliminary ruling procedure, including a range of possible exceptions, which would make the domestic courts' hierarchy a genuine part of the EC judicial system.

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en

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http://eprints.lse.ac.uk/29307/

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