“A national supreme court must not declare a request for a preliminary ruling by a lower court unlawful on the ground that the referred questions are irrelevant and unnecessary for the original case,” our Research Affiliate, Petra Bard writes in her post on Verfassungsblog.
The post analyzes the CJEU decision C-564/19 IS (see details here), and focuses on the judicial independence related questions. Petra Bard writes that “CJEU reiterated that domestic courts have a wide discretion to make use of the preliminary reference mechanism,” adding that “declaration might have a chilling effect on judges in any future cases, which restricts the effective judicial protection of the rights which individuals enjoy as per EU law.”
“Despite the firm holding of the CJEU judgment, there are still threats to Hungarian judges and their right to turn to the CJEU,” she continues.
Read the full post here.