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Implementation of Preliminary Ruling Procedure in the legal systems of New Member States and experiences for future Member States as Croatia

This paper considers implementation of preliminary ruling procedure in national legal systems of ‘’new’’ Member States with the special reference to Hungary and Slovenia. The Preliminary ruling procedure is regulated by the art. 267 of the TFEU and it serves as main tool in ensuring the uniform application of EU Law in the Member States. Great numbers of researchers are analyzing this procedure at the supranational level, before the European Court of Justice (ECJ) and at the same time neglecting another aspect of the procedure – the national level and the functioning of the national courts in the course of this procedure. Perfectly established system at supranational level, which highly depends on effective cooperation between the ECJ and national courts doesn't mean nothing if national courts are avoiding to use this procedure. Therefore the paper will give comparative review and analysis of the implementation of preliminary ruling procedure on the national level, identify some general problems of application and at the end suggest the best solution how to implement the preliminary ruling procedure in Croatia as future Member State.

Preliminary ruling procedure, national courts of Member States, European Union, Court of Justice of EU

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