The Limits of the Protection of the Rule of Law in Preliminary Reference Procedures

Horváth, Dóra (2025) The Limits of the Protection of the Rule of Law in Preliminary Reference Procedures. EURÓPAI TÜKÖR: AZ INTEGRÁCIÓS STRATÉGIAI MUNKACSOPORT KÉTHAVONTA MEGJELENŐ FOLYÓIRATA, 27 (4). pp. 73-87. ISSN 1416-6151

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Abstract

The principle of effective judicial protection has evolved from a general principle of EU law into a principle of constitutional nature linked to the rule of law. The preliminary ruling procedure of the EU has played an essential role in this development, as the ECJ has adapted for the purpose of the protection of judicial independence, the rules on assessing its jurisdiction, and the admissibility of preliminary questions. The ECJ has adopted a broad meaning to the EU law relevance of the case required for the jurisdiction of the ECJ, while restricting its jurisdiction for the enforcement of effective judicial protection as a constitutional principle. Uncertainties regarding the admissibility of the preliminary questions indicate the limited nature of preliminary ruling procedure in overtaking the role of protecting EU values, as well as the challenges that direct effect of general principles can pose in practice.

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