Preliminary Ruling in UK Law
- Dynamics at Play in the EU Preliminary Ruling Procedure
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Was former chairman of Shell Group denied procedural fairness in the FSA's enforcement action against the group?. Financial Services and Markets Tribunal gives preliminary ruling
Purpose: To discuss the FSA's enforcement action against the Royal Dutch/Shell group, which had been found to have made false or misleading announcements regarding its proved hydrocarbon reserves a...
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The German Public Prosecutor as (no) judicial authority within the meaning of the European Arrest Warrant: A case note on the CJEU’s judgment in OG (C-508/18) and PI (C 82/19 PPU)
... ... Abstract The judgment analy sed concerns a reque st for a preliminary ru ling by the Irish Supr eme Court that casts doubtsupon the judicial ... The judgment concerns a request for a preliminary ruling by the Irish Supreme Court that casts doubts upon the judicial nature of ... ...
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Principle of lex mitior, Is that you? – Case note on C-218/15, Paoletti and others
The principle of applying the more lenient sanction – also called principle of lex mitior - constitutes a general principle of national criminal laws as well as a general principle of Union law, as...... ... In the case analysed here, a reference for a preliminary ruling was made in order to understand whether said principle applied to ... ...
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The Limitation Period of Crimes: Same Old Italian Story, New Intriguing European Answers: Case Note on C-105/14, Taricco
Following a request for a preliminary ruling from an Italian judge, the Court of Justice of the European Union issued a groundbreaking decision in the Taricco case (C-105/14). In this judgment, the...... ... G * ABSTRACT Following a request for a preliminary r uling from an Italian judge, the Court of Justice of the European Union ... already time ba rred at the time of the request for a prelim inary ruling. erefore, the Ital ian judge resorted to the CJEU on the basis of Ar ... ...
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Sources of Law, Regulatory Processes and Enforcement Mechanisms in EU Migration Policy: The Slow Decline of National Sovereignty
As a relatively new area of EU law, the governance and enforcement of EU migration policies continues to differ in many respects from other EU policy areas. The quasi-absence of rights of third cou...... ... Finally, challenge s in the application of the preliminary ruling p rocedure have accentuated the importanc e of Commission ... ...
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Why passive? Exploring national judges’ motives for not requesting preliminary rulings
This article explores why national judges remain passive on EU legal integration by examining judges’ reasons for not requesting preliminary rulings from the European Court of Justice (ECJ). The ar...... ... motives that are shared by onlyjudges from one or two Member States, such as not referring cases to uphold the capacityof the preliminary ruling procedure (Swedish judges) and not referring cases due to a fear ofsanctions and a lack of knowledge and resources (Croatian and Slovenian judges) ... ...
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Why passive? Exploring national judges’ motives for not requesting preliminary rulings
This article explores why national judges remain passive on EU legal integration by examining judges’ reasons for not requesting preliminary rulings from the European Court of Justice (ECJ). The ar...... ... motives that are shared by onlyjudges from one or two Member States, such as not referring cases to uphold the capacityof the preliminary ruling procedure (Swedish judges) and not referring cases due to a fear ofsanctions and a lack of knowledge and resources (Croatian and Slovenian judges) ... ...
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Criminal procedures, preliminary references and judicial independence: A balancing act? Case C-564/19 IS
In Case C-564/19 IS, the Court of Justice of the European Union delivered a judgement on two significant issues of EU law. First, it clarified the obligations of Member States under Directive 2010/...... ... judicial decisions taken by higher courts whichcan indirectly constrict the right of lower courts of a Member State to initiate preliminary ruling pro-cedures before the CJEU. Thirdly, it held national measures where the referring judge is submitted toa disciplinary procedure for referring a ... ...
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Criminal procedures, preliminary references and judicial independence: A balancing act? Case C-564/19 IS
In Case C-564/19 IS, the Court of Justice of the European Union delivered a judgement on two significant issues of EU law. First, it clarified the obligations of Member States under Directive 2010/...... ... judicial decisions taken by higher courts whichcan indirectly constrict the right of lower courts of a Member State to initiate preliminary ruling pro-cedures before the CJEU. Thirdly, it held national measures where the referring judge is submitted toa disciplinary procedure for referring a ... ...
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