To refer or not to refer, that is the (preliminary) question. Why Member States’ judges do not participate in the preliminary ruling procedure

Over the last three decades, the EU preliminary ruling procedure has inspired a colossal amount of research. Despite all the work done on Article 267 TFEU, we still know very little about the motives driving individual judges to submit legal questions to the Court of Justice of the European Union (CJEU). This is mainly because the research on the preliminary ruling procedure has focused too narrowly on country-level data, neglecting the fact that preliminary questions are neither the products of Member States’ governments nor the products of courts, but rather of individual judges. Continue reading “To refer or not to refer, that is the (preliminary) question. Why Member States’ judges do not participate in the preliminary ruling procedure”