Independence of non-judicial bodies and orders for a preliminary reference to the Court of Justice

Graham Butler*

*Corresponding author for this work

Research output: Contribution to journalJournal articleResearchpeer-review

Abstract

The understanding of the independence of bodies sitting someway between judicial authorities and administrative entities is changing, and the breadth of legal guarantees that must be in place for who may make an order for a preliminary reference is undergoing a quiet transformation. When an order forreference is received at the Court of Justice of the European Union, a number of factors are taken into account to determine whether a referring body is a “court or tribunal” for the purposes of art.267 TFEU. On occasion, there is uncertainty as to whether referring bodies meet the Court’s criteria. This article investigates the Court’s tightening of the independence criterion through implicit invocation of art.19 TEU, in which it can now commence a more assertive denial to referring bodies to receive a preliminary reference if they are insufficiently independent.
Original languageEnglish
JournalEuropean Law Review
Volume45
Issue number6
Pages (from-to)870-887
Number of pages18
ISSN0307-5400
Publication statusPublished - Dec 2020
Externally publishedYes

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