Subjektai, turintys teisę kreiptis prejudicinio sprendimo pagal Europos Sąjungos teisę

Abstract

The Doctoral Dissertation “The Subjects with the Right to Refer for a Preliminary Ruling under the Law of the European Union” seeks to determine the suitable conception of a subject of preliminary ruling, to assess the requirements for subjectivity, and to provide recommendations on how and what selection criteria should be changed. The dissertation research analyzes the possibilities of various national institution groups to refer to the Court of Justice. The influence of absence of definition of a court under Article 267 of TFEU on cooperation of national courts with the Court of Justice is examined. It is explored, whether it prevents the national institutions from using the preliminary ruling procedure. Following the research data and analysis of subjectivity criteria, used in the case law of the Court of Justice, the drawbacks of conception of “member state’s court” were identified and recommendations for definition of subject were given.