Failure to refer for a preliminary ruling in the European judicial area. Gaps in interpretation and lack of protection for individuals

Abstract: The preliminary reference as an appeal to the Court of Justice of the European Union has been a subject of discussion for many years, especially from an interpretative point of view. An appeal that maintains its main function of a complex mechanism since it seeks to ensure a uniform application of European Union law. It is a tool that represents the main basis for settling disputes between internal jurisdictions and for assessing compatibility with EU law, especially in the field of national procedural rules. In the jurisprudential history of the Court, the objectives of the referral do not always have a significant impact on individuals. Above all in the perspective of both the law of the European Union and in the system of the European Court of Human Rights, only the compensatory protection is recognized in the case of omission of the mandatory referral. The insurance for a concrete, complete and effective protection of individual rights still remains uncertain at the moment of the ascertained violation but questionable in terms of time given that it is sought on an internal procedural level.