The Preliminary Ruling Procedure 2.0

• Davor Petrić ^[1]
  1. [1] University of Zagreb

     University of Zagreb

     Croacia

     
• Localización: European papers: a journal on law and integration, ISSN-e 2499-8249, Vol. 8, Nº. 1, 2023, págs. 25-42
• Idioma: inglés
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The end of 2022 saw the publication of the proposal for reform of the preliminary ruling procedure, drafted by the Court of Justice of the EU. If the proposal goes through, it will bring about one of the most significant changes in the EU judicial system in its seventy years’ history. In this Insight, I start with an overview of the background to this reform proposal in order to provide the relevant context, before turning to its content. The focus is on specific areas of EU law in which the General Court would acquire jurisdiction in the preliminary ruling procedure. Then I discuss some downsides of the proposed distribution of powers between the Court of Justice and the General Court and suggest certain adjustments to the practice of the two courts to make the reformed preliminary ruling mechanism respond better to its objectives. Before concluding, I also reflect on the possible impact of the reform on the most numerous members of the EU judicial system – national courts.