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National Repository of Grey Literature 3 records found  Search took 0.01 seconds. 
Constitutional courts and preliminary references to the CJEU
 Pivoda, Marek ; Syllová, Jindřiška (referee)
The thesis aims to analyse the use of preliminary reference procedure according to Article 267 of the TFEU by the constitutional courts. It firstly focuses on the potential ways in which constitutional courts may interact with EU law in general. It also describes the preliminary reference procedure in the context of the theory of constitutional pluralism. Finally, based on the analysis of 43 preliminary references posted by constitutional courts between the years of 1952 and 2019, it identifies various types of preliminary questions as well as numerous factors which might impact the decision of a particular constitutional court to refer the request or not. Last but not least, the thesis focuses on the subsequent stages of the procedure: the reactions of the CJEU and final rulings of the constitutional courts.
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Constitutional courts and preliminary references to the CJEU
 Pivoda, Marek ; Syllová, Jindřiška (referee)
The thesis aims to analyse the use of preliminary reference procedure according to Article 267 of the TFEU by the constitutional courts. It firstly focuses on the potential ways in which constitutional courts may interact with EU law in general. It also describes the preliminary reference procedure in the context of the theory of constitutional pluralism. Finally, based on the analysis of 43 preliminary references posted by constitutional courts between the years of 1952 and 2019, it identifies various types of preliminary questions as well as numerous factors which might impact the decision of a particular constitutional court to refer the request or not. Last but not least, the thesis focuses on the subsequent stages of the procedure: the reactions of the CJEU and final rulings of the constitutional courts.
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Preliminary reference procedure within the scope of European judicial system
 Zvárová, Daniela ; Pavlok, Jan (advisor) ; Koucká, Jiřina (referee)
The thesis deals with the preliminary reference procedure. There is outlined not only the characteristic of this procedure or its evolution, but also the interpretation of the term "court or tribunal of a Member State" or the Exceptions to the Duty to Refer. The following chapters are concerned with the statistical curiosities of the preliminary reference procedure or the ways of how to make this procedure more efficient. The last chapter is analysing the preliminary reference procedure from the Czech law's point of view. It deals with some Czech institutions as courts of the Member State, procedural aspects of this procedure or study of the Czech preliminary references. It also contains some cases of The Constitutional Court of the Czech Republic regarding with this procedure.
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