This talk focuses on purely internal situations as a ground for inadmissibility of preliminary rulings originating in cases with no factual cross-border elements. The main argument is that the ECJ case-law developed a traditional approach, linking admissibility of preliminary reference to the presence of factual cross-border elements in the main proceedings, then embraced an expansionist approach, where it employed theoretical arguments to rule on cases involving purely internal situations, and has recently shifted towards a reflexive approach, whereby it applies the same theoretical arguments in a concrete fashion, so as to filter out references involving purely internal situations.

Purely internal situations: is the ECJ going full-circle? / Arena, Amedeo. - (2018).

Purely internal situations: is the ECJ going full-circle?

Amedeo Arena
2018

Abstract

This talk focuses on purely internal situations as a ground for inadmissibility of preliminary rulings originating in cases with no factual cross-border elements. The main argument is that the ECJ case-law developed a traditional approach, linking admissibility of preliminary reference to the presence of factual cross-border elements in the main proceedings, then embraced an expansionist approach, where it employed theoretical arguments to rule on cases involving purely internal situations, and has recently shifted towards a reflexive approach, whereby it applies the same theoretical arguments in a concrete fashion, so as to filter out references involving purely internal situations.
2018
Purely internal situations: is the ECJ going full-circle? / Arena, Amedeo. - (2018).
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11588/705187
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