The relationship between the preliminary ruling procedure and the question on constitutionality
Keywords:
Reference for a preliminary ruling. Article 267 TFUE, Interlocutory procedure for the review of constitutionality, Article 163 SC, Court of Justice of the European Union, Constitutional Court, Proceedings of preliminary normative control, Priority quesAbstract
This article analyses the relationship between the preliminary ruling procedure before the CJUE and the interlocutory procedures for the review of constitutionality in several Member States, with a focus on the Spanish system, in those cases where the two incidents have their origin in the same judicial proceedings. For this purpose, we examine the reasons of principle which, according to the respective legal systems, justify the priority of each of these mechanisms of interlocutory normative control. Acknowledging the difficulty to arrive at an entirely satisfactory solution from the perspective of both systems, this article draws attention to another interest that is often insufficiently taken into account: that of the litigants themselves. In this connection, and with the aim of preventing undue delay, we point to the possibility for the judge to abandon, as far as possible, the criterion of temporal succession, and instead, to operate under a criterion of simultaneity.Downloads
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