THE IMPORTANCE AND UTILITY OF THE „PRELIMINARY RULING” PROCEDURE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

THE COURTS OF THE 28 MEMBER STATES MAY INTERPRET AND APPLY THE EUROPEAN LEGISLATION IN DIFFERENT WAYS, WHICH COULD “IRREMEDIABLY COMPROMISE THE FULFILMENT OF THE EUROPEAN UNION’S OBJECTIVES”2. FOR THE INTERPRETATION OF THE UNION’S LAW TO NOT BE LEFT SOLELY TO THE DISCRETION OF THE NATIONAL COURTS, THIS ARTIC LE AIMS TO REVEAL THE IMPORTANCE OF THE PRELIMINARY RULING PROCEDURE, BASED ON WHICH THE COURT OF JUSTICE OF THE EUROPEAN UNION HAS THE COMPETENCE TO JUDGE WITH A PRELIMINARY TITLE, ACCORDING TO ART 19 PARA 3 LET B) OF THE TEU CORROBORATED WITH ART 267 OF THE TFEU, AT THE REQUEST OF THE NATIONAL COURTS, REGARDING THE INTERPRETATION OF THE EUROPEAN UNION’S LAW OR THE VALIDITY OF THE ACTS ADOPTED BY THESE INSTITUTIONS. THIS IS WHY THIS MECHANISM HAS THE ROLE TO PREVENT A DIVERGENT JURISPRUDENCE WITHIN THE UNION USING THE “PRELIMINARY RULING PROCEDURE” BY THE COURT OF JUSTICE OF THE EUROPEAN UNION.

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