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References for Preliminary Rulings and Their Procedure before the Court of Justice of the European Communities

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Chapter Summary

This chapter aims to explain, pragmatically and briefly, the general framework and main aspects of the references for a preliminary ruling, as well as its procedure before the Luxembourg Court. It develops present exposition with a practical spirit and according to the phases in which references for a preliminary ruling can be divided: the initial phase, concerning the reference put in by the national judge; the intermediate phase, before the ECJ; the final phase, in which the national courts receive and apply on the national level the interpretation or appreciation of validity offered by the Luxembourg Court. Finally, the chapter briefly sheds some light on the Spanish practice in this matter.

Keywords: EC Treaty; European Court of Justice (ECJ); Spanish practice

10.1163/ej.9789004154261.i-689.93
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