Informace o publikaci
Mobilising Judicial Voices: How and Why National Courts Express Their Opinions in the Preliminary Reference Procedure – A Case Study of Czechia
| Autoři | |
|---|---|
| Rok publikování | 2026 |
| Druh | Článek v odborném periodiku |
| Časopis / Zdroj | JCMS: JOURNAL OF COMMON MARKET STUDIES |
| Fakulta / Pracoviště MU | |
| Citace | |
| www | https://doi.org/10.1111/jcms.70082 |
| Doi | https://doi.org/10.1111/jcms.70082 |
| Klíčová slova | Article 267 TFEU; CJEU; European integration; judicial behaviour; member state judges; preliminary reference procedure |
| Popis | This article interrogates the national courts’ pre-emptive opinions expressed in the Article 267 ofthe Treaty on the Functioning of the European Union preliminary reference procedure from boththeoretical and analytical angles. First, we theorise about the variety of factors in?uencing na-tional courts’ decision to supply the Court of Justice of the European Union with their views onEU law issues, categorising them into four groups: legalist, strategic, personal and institutional.In that way, we construct a sound theoretical framework for a more systemic study of themobilisation of judicial voices in the process of European integration. Subsequently, we conducta case study of Czechia. Utilising a new dataset of all preliminary references submitted by Czechcourts (2004–2024, n = 131), we demonstrate that Czech judges openly articulate their positionsmore frequently than some of their colleagues from older member states. Dissimilar to existing re-search, our evidence also indicates that Czech supreme court judges frequently express their opin-ions explicitly, more so than lower level court judges, and that at some instances, such praxis issteady in time. |
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