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dc.description.abstractThis study presents a critical assessment of the preliminary reference procedure of the European Union, particularly the burden which is put on the national judiciary of “new” Member States with a civil law legal tradition in order to comply with Article 267 TFEU. The purpose of this thesis is not just a mere analysis of the provisions of the Treaty and the case law of the Court of Justice of the European Union (Court of Justice), it is intended to explore the determining elements which can explain the fluctuating numbers of initiated preliminary reference procedures amongst Member States. The principles, concepts and theories which have been developed by the Court of Justice are scrutinized from a civil law aspect whether the Court’s rulings – which are considered to broaden the limits of applicability or the effectiveness of the procedure – helped to achieve the aims of the preliminary ruling procedure, in particular in Member states with civil law legal system. This thesis also contains a discussion of a survey carried out amongst Hungarian judges in order to verify or disaffirm the author’s hypothesis, namely that one significant factor – which influences the decisions of national judges whether to refer of not – is his/her level of familiarity with the law of the European Union.en_GB
dc.subjectCourt of Justice of the European Union -- Rules and practiceen_GB
dc.subjectCivil procedure -- European Union countriesen_GB
dc.subjectAdvisory opinions -- European Union countriesen_GB
dc.subjectTreaty on European Union (1992 February 7). Protocols, etc. (2007 December 13)en_GB
dc.titleIura novit curia? : the aim of the preliminary ruling procedure and its achievement from a civil law perspectiveen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder.en_GB
dc.publisher.institutionUniversity of Maltaen_GB
dc.publisher.departmentFaculty of Laws. Department of European & Comparative Lawen_GB
dc.contributor.creatorHegyi, Aron
Appears in Collections:Dissertations - FacLaw - 2016
Dissertations - FacLawEC - 2016

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