The Spanish preliminary rulings during 2005 and 2006. Analysis and assessments about the judicial practice
Keywords:
Preliminary ruling. Spanish courts.Abstract
The mechanism of the preliminary rulings constitutes the key element to ensure the uniform interpretation of European Community Law and its use by the national courts fosters the national judge as a community judge by its nature. In Spain, the national courts have recourse more and more to this instrument of judicial cooperation between the national courts and the ECJ, however there is still a long way to go, as the statistics of the judicial activity show. This paper analyses systematically the most important decisions of the Spanish courts and a critical assessment on their arguments, concerning the use or not of the preliminary ruling. Finally, we suggest strengthening the training and information system about the references for preliminary rulings in order to improve the access by the Spanish judges to the jurisdictional system of the European Union.Downloads
Published
2009-05-20
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JURISPRUDENCE
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