Bulletin n. 2/2016
December 2016
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
  • Morten Broberg and Niels Fenger
    Preliminary References to the Court of Justice of the EU and the Right to a Fair Trial under Article 6 ECHR
    in European Law Review , Volume 41, issue 4 ,  2016 ,  599-607
    According to Article 267 of the Treaty on the Functioning of the European Union (TFEU), the courts of the Member States may - and sometimes must - refer questions about the validity and interpretation of EU law to the Court of Justice of the EU so that it can make a binding ruling. This article reviews the practice of the European Court of Human Rights (ECtHR) on the demands that Art. 6 of the European COnvention on Human Rights (ECHR), on the right to a fair trial, make on Member States' courts when considering making a reference to the Court of Justice for a preliminary ruling. Among other things, it is pointed out that the ECtHR practice on the requirement to give reasons for not making a reference appears to go further than several of the rulings given by Member States' courts.
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