COURT OF JUSTICE OF THE EU / Eu law

According to Advocate General Pikamäe, a national regulation which prevents a national court from making a reference for a preliminary ruling to CJEU is unlawful

Brussels, 15/04/2021 (Agence Europe)

Advocate General Priit Pikamäe considers that a national court must disregard legislation or court practice that impairs its ability to refer questions to the Court of Justice of the EU (CJEU) for a preliminary ruling.

In his opinion of Thursday 15 April (case C-564/19), he asks the Court of Justice of the EU to declare that a Hungarian regulation which allows the Supreme Court to declare a reference for a preliminary ruling issued by a lower criminal court illegal is incompatible with EU...