Learning to talk: Preliminary rulings, the courts of the new Member States and the Court of Justice

Michal Bobek

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European and International Law Studies European Union Policy and Governance Judicial and Constitutional Studies

Abstract

This article captures some of the first experience of the courts of the new Member States as well as of the Court of Justice, in their “conversations” following the 2004 enlargement. In the first part, it offers an overview of selected requests for a preliminary ruling made by the courts of the new Member States. The second part focuses on the often hidden practice before the courts of the new Member States and discusses some of the cases which “never made it” to the Luxembourg Court. In the third and final part, the attention is turned to the Community level and the impact the enlargement and the (so far) few preliminary references from the new Member States have had on the Court itself.The use of the CILFIT criteria in preliminary rulings, and the attitude of constitutional courts is considered.

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