The role of the parties in the preliminary reference procedure: old and new issues

Il ruolo delle parti nel rinvio pregiudiziale: problemi vecchi e nuovi

Le rôle des parties dans la procédure de renvoi préjudiciel: questions anciennes et nouvelles


Abstract  ENG | ITA | FRA

The purpose of this paper is to examine some (still) open questions related to the role of the parties in the context of the preliminary reference procedure, pursuant to Art. 267 TFEU. Special attention will also be paid to the potential issues that may arise because of the introduction, within the Italian legal system, of the institution of the preliminary referral to the Court of Cassation (Art. 363-bis of the Italian Code of Civil Procedure). Lastly, the work will focus on the further difficulties that may occur as a result of the future entry into force of the proposed Regulation amending Protocol No 3 on the Statute of the Court of Justice, which aims to reconsider the allocation of jurisdiction between the Court of Justice and the General Court in the processing of the requests for preliminary rulings.