Mihai Şandru, Mihai Banu, Dragoş Călin, The preliminary rulings procedure. Principles of European Union law and experiences encountered in the Romanian legal order, C.H. Beck, ISBN: 978-973-115-941-6, 2013, 712 p.
The preliminary rulings procedure is an essential part in the dialogue between national courts and tribunals and the European Court of Justice.
Whereas during the first three years after the date of accession, only two preliminary requests were sent from Romania, the amount of preliminary references has risen significantly in the last two years. Yet, does a genuine dialogue between those courts take place? Are the judges and the lawyer prepared so that this step in procedure not to become a useless burden to the main proceedings? The volume analyses all the preliminary references originating from the courts and tribunals of Romania, along with other connected issues such as: the division of competences between national courts and tribunals and the Court of Justice in the framework of this judicial dialogue; drafting of a preliminary reference and minimum requests that have to be fulfilled; the decision to refer taken by the court; the staying of proceedings in case that another reference having the same subject-matter is registered at the Court; the rejection by a national court or tribunal of claims to refer made by the parties to the main proceedings; the course of the main proceedings after the answer of the Court of Justice is delivered.
Moreover, the presentation of those preliminary references originating from Romania which gained a special attention to the legal professionals is accompanied by an assessment of the connected national case-law, leading thus to a more general perspective on the coherence in judicial interpretation and application of European Union law.