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IBFD Paid Article: The ECJ Preliminary Reference Procedure: Two to Tango?

This article comments on the dialogue and cooperation between the ECJ and the referring court in the context of a preliminary ruling procedure. The author discusses how the ECJ and the referring court can influence and improve this relationship. Important elements of dialogue include questions, answers and process. The author discusses these elements in the context of the preliminary ruling procedure, addressing possible reasons for the criticism that has been levelled against ECJ preliminary rulings. Among other things, the author suggests allowing the referring court to be present and speak at the oral hearing of a case before the ECJ.

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