28 October, 2016

But That's Not What I Asked! The Reformulation of Questions Asked in Preliminary Rulings

Short break for a small commercial: As some of you may know I (Katharina) am a doctoral candidate in EU law at Stockholm University. A little while back I published a paper discussing the CJEU's handeling of questions asked in requests for preliminary rulings by national courts.
Besically, I argue that the CJEU sometimes changes or reformulates questions where the national court has failed to formulate an adequate question as regards the legal problem at hand with respect to EU law. There is no problem with such a practice, as it will contribute to a better ruling by the national court at the end of the day. Conversely, what is problematic is that the CJEU sometimes appears to reformulate questions where answering the exact question posed by the national court may require a controversial answer that would put the Court in a difficult situation.
Read the full article here!

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