Bulletin n. 2/2016 | ||
December 2016 | ||
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. | ||