This paper provides an overview of the preliminary questions referred by ordinary and administrative Czech courts within the five-year period of accession to the European Union. In the first part, it deals with the procedural aspects of referring the preliminary questions and options used by the national courts. Secondly, it
briefly summarizes all the referred preliminary questions, considering those from civil law in more detail. Furthermore, it analyzes the decision of the Czech Constitutional Court, which expressed its opinion on the issue of nonreferring to the Supreme Court in the preliminary question of a breach of the constitutional right to a fair trial. Finally, it presents two cases where the national courts argued that there was no need for referring the question.
national court
European Court of Justice
interpretation
principle of national procedural autonomy
principle of equality and efficiency
validity
performance of work
on-call duty
market analysis
copyright law
international jurisdiction
own motion
Brussels I Regulation
Arbitration Court
properly served on the debtor
customs tariff
Mgr. Milan Žondra (*1978). After graduating from law faculty of the Masaryk University in Brno (2002) he was working for the Regional Authority of the South-Moravia as a person responsible for Project tenders co-financed by the Structural EU funds for three years. After a short internship by the EC Commission (2004 - 2005), he has taken the office as the Chief Justice Advisor of the Supreme Court of the Czech Republic for the European law.
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