Eurooppalaisen oikeusvaltion etulinjassa: tuomarin ratkaisu EU-oikeudellisen ennakkoratkaisun pyytämisestä
Avainsanat:
EU-oikeus, Euroopan unioni, ennakkoratkaisu, Euroopan unionin tuomioistuin, tuomioistuinlaitos, oikeusvaltioAbstrakti
On the front lines of rule of law in Europe: judicial decision on making a preliminary reference under EU law
To refer, or not to refer, a question for a preliminary ruling is among the most consequential procedural decisions a judge is called upon to make pursuant to EU law. This article is about the reference procedure and the judicial discretion it involves. The procedure is primarily governed by the EU Treaties and the case law of the Court of Justice of the European Union (CJEU), but also by national procedural law and the basic right to a fair trial. The local judge is on the front line in such matters, since the procedure invariably begins in a case pending before the court of a Member State. The goal of preliminary references is the uniform application of EU law throughout the Union. As such, it is a fundamental guarantee of judicial protection. Indeed, the dialogue between the Member State judge and the CJEU is capable both of clarifying issues of interpretation and of revisiting the legality of EU acts. Moreover, the procedure has been used to repel undue influence and protect judicial independence. Thus, preliminary references not only safeguard equality before the law, but also the independence of national judiciaries. While dealing with European-level issues, the article aims to pay due regard to the specific context of the Finnish legal system.
