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The Enforcement of EU Law and ValuesEnsuring Member States' Compliance$
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András Jakab and Dimitry Kochenov

Print publication date: 2017

Print ISBN-13: 9780198746560

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198746560.001.0001

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Preliminary References as a Means for Enforcing EU Law

Preliminary References as a Means for Enforcing EU Law

Chapter:
(p.99) 6 Preliminary References as a Means for Enforcing EU Law
Source:
The Enforcement of EU Law and Values
Author(s):

Morten Broberg

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198746560.003.0007

This chapter examines to what extent and how the preliminary reference procedure provided in Article 267 TFEU can be used as a means for private parties to enforce EU law against the Member States. The procedure enables national courts to apply to the Court of Justice to obtain a ruling on the interpretation or validity of an EU legal act. It has in fact become a highly important means for private parties’ enforcement of EU law. Today, the preliminary reference procedure has attained such importance as an enforcement measure that the prospect of a reference to the Court of Justice can of itself induce a Member State party to proceedings before a national court to settle the dispute. Indeed, the preliminary reference procedure is sometimes referred to as ‘indirect enforcement’.

Keywords:   Article 267 TFEU, national courts, Court of Justice, private parties, indirect enforcement

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