PROJECT NUMBER: 1255401

The Preliminary Rulings Procedure in Practice

17-18/Oct/2012  •  Luxembourg

Introduction
Project Leader
Juan Diego Ramírez-Cárdenas Díaz
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Target group
The seminar targets members of national courts and tribunals (magistrates, judges, court clerks, etc.) who may participate in the procedure as referring party, as well as legal officials and agents from Member States and European Union institutions, who may take part by presenting their observations. It is also aimed at lawyers, academics, other practitioners, experts and interested actors, who wish to update their knowledge on the preliminary ruling procedure and obtain a comprehensive overview.

Description
The Court of Justice of the European Union cooperates with all the courts of the Member States, which are the ordinary courts in matters of European Union law. To ensure the effective and uniform application of European Union norms and to prevent divergent interpretations, the national courts may, and sometimes must, refer to the Court of Justice of the European Union and ask it to clarify the meaning or to review the validity of an act of European Union law which is of relevance to the case on which they need to adjudicate.
This procedure, specific to the European Union, has often been defined as a “dialogue between judges”, and has contributed to the creation and articulation of a true European Judicial Space. Against this backdrop, this seminar will offer a practical analysis of this procedure, highlighting its particularities in order to provide those who are called to participate in it with a thorough understanding of the procedure’s workings.

Method
Presentations, workshops and case studies. All sessions will include question and answer sessions and the possibility to exchange experiences.

Objectives
The objective of this seminar is to provide a practical guide on the use of the preliminary ruling procedure to those who initiate and/or intervene in it (members of referring courts and tribunals, legal agents of intervening parties in the proceedings, etc.). This seminar will review matters such as the role of the Court of Justice of the European Union in the procedure; the typology of references; the decision by national courts or tribunals to submit a question to the Court (is it appropriate to make a reference or not?); the stage at which to submit the question and the form of the reference; the different phases in the procedure; the actors that participate in it (parties and interveners); and the value and legal consequences ensuing from the Court of Justice’s response. Particular attention will be paid to the urgent preliminary ruling procedure and its specific procedural features.