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What's Left of the Law of Integration?Decay and Resistance in European Union Law$
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Julio Baquero Cruz

Print publication date: 2018

Print ISBN-13: 9780198830610

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780198830610.001.0001

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The Preliminary Rulings Procedure: Cornerstone or Broken Atlas?

The Preliminary Rulings Procedure: Cornerstone or Broken Atlas?

Chapter:
(p.53) 4 The Preliminary Rulings Procedure: Cornerstone or Broken Atlas?
Source:
What's Left of the Law of Integration?
Author(s):

Julio Baquero Cruz

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198830610.003.0004

This chapter examines how Union law and the Court of Justice would not be what they are without the preliminary rulings procedure. This procedure occupies a central position among all the other ways to bring cases to the Court, and also has a key position among all the procedures connecting institutions and framing the use of power in the Union. Its development and current state also bear witness to the promise and difficulties of integration, starting from the initial hopes, fuelled by historical consciousness, and leading to the current disaffection and blindness, and the attendant risks for its civilizational achievements. The chapter illustrates the reasons for this procedure’s centrality in the system, explores its strengths and weaknesses, and proposes new avenues for its future understanding.

Keywords:   preliminary rulings procedure, obligation of courts of last resort to refer, right to effective judicial protection, Union law, autonomy, Treaties of Paris and Rome, Court of Justice, integration, historical consciousness, civilizational achievements

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