Publication details
Prejudiciálne otázky slovenských vrcholných súdov: vedieme so Súdnym dvorom zrelý dialóg?
| Title in English | Preliminary references by Slovak apex courts: are we conducting a mature dialogue with the Court of Justice? |
|---|---|
| Authors | |
| Year of publication | 2025 |
| Type | Article in Periodical |
| Magazine / Source | Právny obzor: Teoretický časopis pre otázky štátu a práva |
| MU Faculty or unit | |
| Citation | |
| web | Web časopisu |
| Doi | http://dx.doi.org/10.31577/pravnyobzor.2025.2.01 |
| Keywords | preliminary references; judicial dialogue; Court of Justice; national courts; empirical legal research |
| Description | Preliminary references by Slovak apex courts: are we conducting a mature dialogue with the Court of Justice? This article provides a comprehensive analysis of the judicial dialogue between Slovak apex courts and the European Court of Justice during the first eighteen years of Slovakia’s EU membership, from 2004 to 2022. Focusing on the Constitutional Court, the Supreme Court, and the Supreme Administrative Court, it examines whether these courts have matured into effective and equal partners in working with EU law through the preliminary reference mechanism under Article 267 TFEU. The article is structured in three main parts: the first part offers an overview of the preliminary reference procedure and existing literature on the role of national courts in the EU legal system. The second part provides a statistical and comparative analysis of the Slovak courts’ engagement in the mechanism, highlighting their relatively low activity compared to other new member states. The third and most critical part dissects the Slovak courts’ decision-making processes across the three stages of the preliminary reference procedure — submitting questions, receiving answers from the ECJ, and implementing these answers domestically. The findings reveal that while the Slovak Supreme Court has been the most active, primarily in administrative law, its engagement has been uneven, with significant reliance on a few key judges. Moreover, the Constitutional Court’s and the Supreme Administrative Court’s participation has been more limited. By reflecting on the details of the Slovak judiciary’s engagement with the ECJ, this article allows for a deeper understanding of the factors influencing judicial cooperation in the EU. |
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