The Order for Reference as Steadying Factor I: Issues Limited, Sharpened, and Phrased in Advance

Cotter, John

Abstract

This chapter, the first in Part III, considers the role of the first of six procedural steadying factors (examined in Chapters 11-15) in contributing to steadying preliminary rulings: issues Limited, sharpened, and phrased in advance'. The chapter describes the manner in which the preliminary reference procedure limits by confining the role of the Court of Justice to a limited decisional competence narrows the scope of prospective outcomes. In particular, the chapter focusses on the role of the Order for Reference in underpinning this steadying factor in the preliminary reference procedure.

Citation

Cotter, J. (2022). The Order for Reference as Steadying Factor I: Issues Limited, Sharpened, and Phrased in Advance. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00019

• Acceptance Date: May 6, 2022
• Publication Date: May 6, 2022
• Deposit Date: Jun 2, 2023
• Pages: 171-196
• ISBN: 9781788979559; 9781788979542; 9781788979559
• DOI: https://doi.org/10.4337/9781788979559.00019