The evolution and reform of the preliminary rulings procedure: historical development, 2024 improvements, and critical assessment

This paper examines the historical development, recent reforms, and critical implications of the preliminary rulings procedure under Article 267 TFEU, a cornerstone of the European Union's judicial system. Tracing its evolution from the ECSC Treaty through successive treaty amendments, the study analyzes the 2024 reforms that transferred preliminary ruling jurisdiction in six technical areas to the General Court and introduced significant procedural modernization. While these reforms aim to address the Court of Justice's workload and enhance efficiency, they also raise concerns regarding legal fragmentation, jurisdictional complexity, and the dilution of judicial dialogue between national courts and the EU's highest court. The paper provides a critical assessment of these changes, highlighting both their potential benefits and risks, and offers recommendations for ensuring the continued uniformity and effectiveness of EU law.

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Publication Details

Journal
Revija Kopaonicke skole prirodnog prava
Published
2025-07-04
DOI
https://doi.org/10.56461/rkspp2501031r
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

The evolution and reform of the preliminary rulings procedure: historical development, 2024 improvements, and critical assessment

Maja Lukić Radović
Revija Kopaonicke skole prirodnog prava
European and International Law Studies
article

The evolution and reform of the preliminary rulings procedure: historical development, 2024 improvements, and critical assessment

Maja Lukić Radović
article en

Abstract

This paper examines the historical development, recent reforms, and critical implications of the preliminary rulings procedure under Article 267 TFEU, a cornerstone of the European Union's judicial system. Tracing its evolution from the ECSC Treaty through successive treaty amendments, the study analyzes the 2024 reforms that transferred preliminary ruling jurisdiction in six technical areas to the General Court and introduced significant procedural modernization. While these reforms aim to address the Court of Justice's workload and enhance efficiency, they also raise concerns regarding legal fragmentation, jurisdictional complexity, and the dilution of judicial dialogue between national courts and the EU's highest court. The paper provides a critical assessment of these changes, highlighting both their potential benefits and risks, and offers recommendations for ensuring the continued uniformity and effectiveness of EU law.

Revija Kopaonicke skole prirodnog pravaVol. 7(1)
University of Belgrade (RS)
Openalex Percentile: Top 76%
European and International Law Studies
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