Lower Instance National Courts and Tribunals in Member States and Their Judicial Dialogue with the Court of Justice of the European Union

The vast majority of cases that are submitted to the Court Justice European Union (the Court) through preliminary reference procedure is contained in Article 267 TFEU come from lower instance national courts and tribunals EU Member States. As a result, it not always appellate courts, or higher tribunals, such as final appeal, which make orders for reference. Judicial dialogue between this notable its particular quality being open receiving reference, an interpretation law – any first instance, instance. But can judicial be impeded by courts’ more senior Brethren, with appeals allowed against within legal orders? case on issue has been progressive, developed slowly over time, Court, 2021, becoming increasingly assertive. will analysed article, Court’s approach arising clearly attempt balance interests one hand, rules other. Yet, broader tightening understanding who constitutes judiciary, ensuring all remain independent executive interference States, article commends recent developments, but makes further plea affirmative judgment permit, matter law, made name preserving procedure.