ECTHR’S PERSPECTIVE ON THE REFUSAL OF A DOMESTIC COURT TO MAKE A PRELIMINARY REFERENCE TO THE CJEU

Nowadays, even if the EU is not yet a party to the ECHR and its acts cannot be subject of applications to the Strasbourg Court, issues relating to EU law have been raised regularly with the Strasbourg Court. Art. 6 para. (1) ECHR requires that the national courts give reasons for their decisions, therefore in case the respective courts refuse to refer a preliminary question to another national or international court, they are obliged to give reasons for the refusal. The main aims of this study are to analyse if this obligation under the EU law is absolute, and how the ECtHR has dealt with this problem.