The Interpretation Function of the European Judge - Basis for Preliminary Rulings

• Main Author: Dan Cimpoeru
• Format: Article
• Language: English
• Published: Danubius University 2013-08-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: interpretation function; EU law; Court of Justice of the European Union; preliminary rulings
• Online Access: http://journals.univ-danubius.ro/index.php/juridica/article/view/1986

One of the legal mechanisms that have contributed to the strengthening of EU law in relation to national legal systems is the reference for preliminary rulings. Essentially, in this proceeding, the national court refers a question and the Court of Justice of the European Union, in a preliminary ruling, answer on the interpretation of EU law. Through these binding decisions with a jurisdictional nature, the European judge not only ensures an official interpretation of EU law but an uniformity of application. Unlike ordinary law court activity, where the object of judgment is a fact that is related to a rule of law, in a preliminary judgment, the object of judgment is the interpretation of EU law provision. Similarly, a national constitutional court acts, it being the only competent authority to interpret the Constitution of a State; from this perspective, the Court of Justice of the European Union is a true “European constitutional court” because it has the exclusive jurisdiction to interpret Community law. The interpretation function of the European judge, as well as that of constitutional judge, has certain features that distinguish the jurisdictional activity of a fundamental ordinary judge. This study aims to address this topic less studied by doctrine and capture those features of the interpretation function of the European judge.