The Center for European Legal Studies (CELS) of the Institute for Legal Research within the Romanian Academy, Association „Judges’ Forum of Romania”, Romanian Association of European Law and Affairs (RALEA) and C.H. Beck Publisher organize in „IADUER – Interpretation and Application of European Union Law in Romania”
The conference
Preliminary ruling procedure. Principles of European Union law and experiences encountered in the Romanian legal order
Library Auditorium „Ion Heliande Rădulescu” of the Romanian Academy, 19 June 2013, 12 PM
The conference will gather professionals and practitioners – judges and lawyers – in European Union law.
On this occasion, the book by Mihai Sandru, Mihai Banu, Dragos Calin, „Procedura trimiterii preliminare. Principii de drept al Uniunii Europene si experiente ale sistemului roman de drept” [„Preliminary ruling procedure. Principles of European Union law and experiences encountered in the Romanian legal order”], C.H. Beck, 2013, will be launched.
The preliminary ruling procedure is the essential element of the dialogue between national courts and tribunals and the Court of Justice of the European Union. If in the first three years after the accession, only two references for a preliminary ruling were made from Romania, during the last two years their number has raised significantly. But is this a genuine dialogue between Romanian courts and tribunals and the Court of Justice, are judges and lawyers prepared so that this procedural step not to become an useless burden for the main action?
This work analyzes preliminary references originating from courts of Romania, along with issues connected to the preliminary references and deemed as essential in order to provide an understanding for this mechanism: principles of the preliminary ruling procedure; division of competences between national courts and tribunals and the Court of Justice; means to draft a request for a preliminary ruling and minimal requirements that have to be fulfilled thereof; act in procedure (order for reference) by which a request to the Court of Justice is referred; rejection by the courts of requests made by parties in proceedings to make a preliminary request to the Court of Justice; staying of proceedings in case a preliminary reference is made to the Court of Justice or when there is another similar preliminary request registered at the Court of Justice; maintaining, altering or withdrawing an order for reference by the referring court; expedited procedures at the Court of Justice; procedure at the national court after the answer of the Court of Justice is received.
The work provides a rich collection of case-law of the courts and tribunals of Romania, along with numerous examples from Court of Justice case-law.
