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Timmermans, Christiaan --- "Looking behind the scenes of judicial cooperation in preliminary procedures" [2017] ELECD 755; in Cafaggi, Fabrizio; Law, Stephanie (eds), "Judicial Cooperation in European Private Law" (Edward Elgar Publishing, 2017) 33

Book Title: Judicial Cooperation in European Private Law

Editor(s): Cafaggi, Fabrizio; Law, Stephanie

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786436689

Section: Chapter 2

Section Title: Looking behind the scenes of judicial cooperation in preliminary procedures

Author(s): Timmermans, Christiaan

Number of pages: 18

Abstract/Description:

To look behind the scenes of the judicial dialogue between a national court and the European Court of Justice within the framework of the preliminary reference procedure: this is the invitation of the editors of this book. The idea is to have a closer look at the characteristics and context of the judicial cooperation triggered by a preliminary reference. What motivates a national court in using this procedure? Is its decision to refer or not to refer taken in isolation or might it also have been influenced by approaches followed by other courts, even from other Member States? What may we learn from the way, more particularly the more or less detailed and conclusive way, in which the CJEU conceives its answers, about how that Court envisages and effects this cooperation? What are the concrete and practical results of the preliminary ruling for the final outcome of the case itself and more generally for legal practice? European legal scholarship has always been more interested in the contents of a preliminary ruling and its possible significance for the development of EU law than in its genesis, the question of the national court, and the final effects for the outcome of the case.The approach advocated by the editors of this book is an inductive one. Case studies are to be made in a number of fields to see whether on that basis, more general conclusions could be drawn.