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Preliminary references in the area of human rights. A Practical Handbook for Parties’ Representatives

T his Handbook is designed and written as a guide for legal practitioners, in particular parties’ representatives, as well as for professionals working with bodies of the justice system, judges but also non-governmental organisations involved in handling litigation. This Handbook is principally designed to describe, in practical terms, the nature of the preliminary reference (also known as “a reference for a preliminary ruling”) as a legal measure. It also attempts to explain the objectives and stages of the preliminary reference proceedings before the Luxembourg Court, describe substantive requirements for a correctly drafted preliminary reference (a question referred for a preliminary ruling) and present the consequences of a preliminary ruling issued by the Luxembourg Court of Justice (“CJ” or “CJEU”): both those immediately impacting a referring court and those to be faced by other courts in future. The context for these deliberations is provided by various aspects of the European Union human rights system.

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