| Abstract [eng] |
The preliminary ruling procedure provided by Article 267 of the Treaty on the Functioning of the European Union is one of the forms of judicial cooperation between the courts of the Member States and the Court of Justice, which is intended to ensure the development of European Union law, verification of the validity of acts of the EU institutions and consistent interpretation and application of European Union law in all Member States. The aim of this master's thesis is to analyze in detail the elements of the preliminary ruling procedure and the changes and developments in this institute after the entry into force of the Treaty of Lisbon. After analysis of the case law of Court of Justice, current legal provisions and legal literature, it was concluded that after the entry into force of the Treaty of Lisbon, the extension of the jurisdiction of the Court of Justice has led to an increase in references from the courts of the Member States to the Court of Justice for a preliminary ruling, it shows the growing number of requests to the Court of Justice. Furthermore, the case law of the Court of Justice shows a less stringent and flexible application of the criteria, which exempt from the obligation to make a reference for a preliminary ruling. Although the Court of Justice tends to apply the criteria for exemptions from the obligation to make a reference to the Court of Justice more flexibly, at the same time the Court of Justice seeks to ensure effective implementation of EU law by obliging Member States to make references more frequently, when there is a high probability that the acte clair doctrine may be abused. |
