La cuestión prejudicial europea en evolución: necesaria motivación para omitirla e instrumentos para su efectivo planteamiento

Abstract

The relevance of the question referred for a preliminary ruling was interpreted more than forty years ago by the Cilfit judgment and, although the core of such interpretation is maintained, the most recent Consorzio judgment has provided something new in terms of the requirement of motivation and its connection with the fundamental right guaranteed by art. 47 of the Charter of Fundamental Rights of the European Union. However, the mechanisms for ensuring this at the different levels show some undeniable difficulties of application.

Keywords

• motivation
• preliminary ruling
• cilfit
• consorzio
• effective legal protection