ABSTRACT

Chapter 4 examines the referral procedure from the perspective of a referring court. It analyzes the reasons why national courts should make referrals to the CCJ. In the light of the ECJ’s case law and its Recommendations to National Courts and Tribunals in Relation to the Initiation of Preliminary Ruling Proceedings, it discusses the matter of how and when a referring court should initiate referral proceedings; what information should be included in a request for a referral; how questions of CSME law should be formulated; and what kind of procedural and substantive national rules may prevent a referring court from sending a referral to the CCJ.