CJEU In Focus #16: C-767/23 - Remling

• Department of Law

C-767/23 Remling in context: The ECJ's approach towards the obligation to refer preliminary questions

On 24 March, the ECJ issued its ruling in the case C-767/23 Remling, in which it developed new standards for national courts to reason the refusal to refer preliminary questions. This presentation aims to position the judgment in the broader context of the ECJ's approach towards the national courts' obligation to refer. It identifies several ways in which the ECJ has allowed national courts to deviate from this obligation over the years. The development of these various lines is explained against the background of the ECJ's position vis-à-vis the national courts, on the one hand, and the ECtHR, on the other. Based on empirical insights in the motives of national courts to refer preliminary questions or not, the presentation will then reflect upon the choices made by the ECJ.

All interested fellows, PhD researchers, professors and visiting academics are invited to participate.