Gaps and ‘Known Unknowns’ in the Transfer of Preliminary References to the General Court
Lacune e “incognite note” nel trasferimento dei rinvii pregiudiziali al Tribunale
Les lacunes et les « inconnues connues » dans le transfert des renvoi préjudiciels au Tribunal
The article deals with contextualising the Reform of the Statute of the Court of Justice, placing it in relation to the evolution and changes that have already affected the Union’s judicial system since the Treaty of Nice. After a detailed and in-depth examination of the rules governing the functioning of the ‘new’ preliminary ruling procedure, the contribution analyses the perceivable critical aspects of the reform, distinguishing between gaps and what the Author calls ‘known unknowns’. The aim is to identify questions relating to the concrete operation of the ‘new’ preliminary ruling procedure that will have to be answered over time, sometimes with an immediate practice effect (gaps), sometimes with a systemic impact (‘known unknowns’).
