Η διαδικασία του προδικαστικού ερωτήματος στο Δικαστήριο της Ευρωπαϊκής Ένωσης και η συνεισφορά του στην εξέλιξη της Κοινής Μεταναστευτικής Πολιτικής

Abstract

Article 267 of the Treaty on the Functioning of the European Union enables the courts or tribunals of the member states to send preliminary references to the European Court of Justice. Through the preliminary reference procedure, the Luxembourg Court provides guidance regarding the interpretation or the validity of European law, in order to ensure its uniform application in all member states of the European Union. In the past, it has offered the opportunity to the European Court of Justice to contribute to the European integration and fill the gaps between the European and the national juridical systems. Nowadays, national courts or tribunals have the possibility to enter into a dialogue with the European Court of Justice through the preliminary reference procedure, whereas the courts whose decisions cannot be further challenged are under the obligation to refer, with the exception of the CILFIT criteria. In any case, the national courts or tribunals are encouraged to follow the ruling of the European Court of Justice, especially in cases which involve the protection of human rights. Nevertheless, the realisation of the judicial decisions in practice by the Public Administration authorities constitutes the most important outcome of the preliminary reference procedure as well as the means for further integration and common application of the European acquis in the field of migration and asylum. This is reflected in the extensive jurisprudence of the European Court of Justice and in the administrative practice of the member states.