Ondreychik M. The Effectiveness of the EU Law Application by National Courts of the Slovak Republic: Case Study Preliminary References. Part Two

DOI: https://doi.org/10.15688/lc.jvolsu.2017.1.28

Mikhal Ondreychik

NGO “Society for Central and Eastern Europe”, Veternicová St., 11, 84105 Bratislava, Slovak Republic, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the author examines the effectiveness of the procedure under Article 267 TFEU before the national courts in the Slovak Republic in practice. The article deals with the practice of the CJEU on cases in which there was preclusive plea made by the courts of general jurisdiction in the Slovak Republic. In terms of primary law and practice of the CJEU, the national courts are obliged to cooperate with the CJEU to carry out the duties assigned to them in order to ensure that the interpretation and application of EU law be held in compliance with the Treaties. The author summarizes the decisions delivered by CJEU in 267 TFEU cases in which the courts of general jurisdiction in the Slovak Republic seek to ascertain the legal situation before CJEU. Methods: there have been used general scientific methods, such as analysis, comparison; as well as the formal and legal method. Results: the author analyzes the application of EU law by the national courts in terms of the preclusive plea procedure in the Slovak Republic. Conclusions: on the basis of the information provided in the paper, it appears that the national courts in some cases, do not know the practice of the CJEU on the desirable level, or do not have sufficient information about EU law. In addition, there is a very frequent withdrawing application by a national court that fails to identify and evaluate the legal and factual context of the case.

Keywords: article 267 Treaty on UN functioning, Court of Justice of the European Union, Treaty on UN, TEU, national courts of the Slovak republic, judical practice of UN, preliminary reference.

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