Why Do So Few Preliminary Questions Come From Czechia?
Although a substantial part of the body of laws of an EU Member State is founded upon European Union law and norms, the number of preliminary questions emanating from courts in the Czech Republic appears to be disproportionately low compared to other similar EU Member States. The aim of this article...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Sciendo
2024-06-01
|
| Series: | Wroclaw Review of Law, Administration and Economics |
| Subjects: | |
| Online Access: | https://doi.org/10.2478/wrlae-2023-0020 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1823860397696876544 |
|---|---|
| author | Kunertová Tereza |
| author_facet | Kunertová Tereza |
| author_sort | Kunertová Tereza |
| collection | DOAJ |
| description | Although a substantial part of the body of laws of an EU Member State is founded upon European Union law and norms, the number of preliminary questions emanating from courts in the Czech Republic appears to be disproportionately low compared to other similar EU Member States. The aim of this article is to analyse and outline possible reasons for the lack of preliminary questions coming from the Czech Republic. In her analysis, the author identifies three possible factors underpinning the issue. These factors include attitudes towards the EU and a general lack of understanding of the relevance of EU laws and norms; the role of preliminary rulings; and the perception and recognition of courts. An integral part of this analysis is a critical commentary on the shifts in how courts and tribunals are perceived within the meaning of Art. 267 TFEU. Lastly, the author offers guidance to fellow legal professionals and academics for interpreting EU norms. |
| format | Article |
| id | doaj-art-0890f3f982544d6b913a4e99b31d75de |
| institution | Kabale University |
| issn | 2084-1264 |
| language | English |
| publishDate | 2024-06-01 |
| publisher | Sciendo |
| record_format | Article |
| series | Wroclaw Review of Law, Administration and Economics |
| spelling | doaj-art-0890f3f982544d6b913a4e99b31d75de2025-02-10T13:26:27ZengSciendoWroclaw Review of Law, Administration and Economics2084-12642024-06-01141699410.2478/wrlae-2023-0020Why Do So Few Preliminary Questions Come From Czechia?Kunertová TerezaAlthough a substantial part of the body of laws of an EU Member State is founded upon European Union law and norms, the number of preliminary questions emanating from courts in the Czech Republic appears to be disproportionately low compared to other similar EU Member States. The aim of this article is to analyse and outline possible reasons for the lack of preliminary questions coming from the Czech Republic. In her analysis, the author identifies three possible factors underpinning the issue. These factors include attitudes towards the EU and a general lack of understanding of the relevance of EU laws and norms; the role of preliminary rulings; and the perception and recognition of courts. An integral part of this analysis is a critical commentary on the shifts in how courts and tribunals are perceived within the meaning of Art. 267 TFEU. Lastly, the author offers guidance to fellow legal professionals and academics for interpreting EU norms.https://doi.org/10.2478/wrlae-2023-0020preliminary rulingpreliminary questiondefinition of courtcourt of justice of the european uniondirect effectharmonious interpretationprimacy of eu lawdirective 2012/34/eurailway sector |
| spellingShingle | Kunertová Tereza Why Do So Few Preliminary Questions Come From Czechia? Wroclaw Review of Law, Administration and Economics preliminary ruling preliminary question definition of court court of justice of the european union direct effect harmonious interpretation primacy of eu law directive 2012/34/eu railway sector |
| title | Why Do So Few Preliminary Questions Come From Czechia? |
| title_full | Why Do So Few Preliminary Questions Come From Czechia? |
| title_fullStr | Why Do So Few Preliminary Questions Come From Czechia? |
| title_full_unstemmed | Why Do So Few Preliminary Questions Come From Czechia? |
| title_short | Why Do So Few Preliminary Questions Come From Czechia? |
| title_sort | why do so few preliminary questions come from czechia |
| topic | preliminary ruling preliminary question definition of court court of justice of the european union direct effect harmonious interpretation primacy of eu law directive 2012/34/eu railway sector |
| url | https://doi.org/10.2478/wrlae-2023-0020 |
| work_keys_str_mv | AT kunertovatereza whydosofewpreliminaryquestionscomefromczechia |