Refusal to refer for a preliminary ruling and a right to a fair trial: Strasbourg court’s position

Agne Limante (MA, PhD) is a Research Fellow at the Law Institute of Lithuania.

The duty of last instance national courts to submit preliminary references to the Court of Justice of the European Union (CJEU) is analysed by academics almost exclusively in the light of the Luxembourg Court’s case law. However, the case law of European Court of Human Rights (ECtHR) also appears to be relevant in this context. In several instances the ECtHR was asked whether non-referral of preliminary questions to the CJEU constituted a breach of Article 6 ECHR, guaranteeing the right to a fair trial.[1] This post aims at providing some reference in this regard. First, it briefly describes the rules governing the preliminary reference procedure. Then, it analyses the ECtHR’s judgements relevant to this subject. Some conclusions will follow.

Continue reading “Refusal to refer for a preliminary ruling and a right to a fair trial: Strasbourg court’s position”

CALL FOR PAPERS

The KSLR EU Law Blog hereby invites you to submit abstracts for blog posts on

 any area of EU law

(including but not limited to internal market, financial regulation, human rights, data-protection, environment).

Submissions covering any of the following topics are particularly welcome:

  • UK Referendum’s effects on EU law and European integration
  • EU migration law and refugees’ crisis
  • EU law and institutional balances
  • Developments on the relationship between EU law and International law
  • Recent developments of EU social policies

We also invite submissions on:

  • Coverage of EU law-related events
  • Reviews of recently published EU law-related books as well as
  • Recent developments of EU case law

Ideally we are looking for 1000 – 1500 words articles.

Please refer to our style guidelines.

Please send an abstract or full articles to giulia.gentile@kcl.ac.uk and giorgia.sangiuolo@kcl.ac.uk by 31 January 2017.

We look forward to hearing from you!