On The System Of The European Court To Rule On The Effects Of Integration Of European Justice

As a unique judicial jurisdiction system, the Preliminary Reference Procedure has constructed a direct judicial cooperation relationship between the European Union Court and the Courts of the European Members. This relationship is the key factor to the European Unified Judicial Body and the process of European Unification. According to the initial design of the EU founder, as an indirect non-litigation system, the Preliminary Reference Procedure should act as an additional role (relative to the direct litigation), while the successful role in the Unification process of which went beyond everyone's expectation. As a consequence, it is significant to explore the further interaction between the judicial unification and the said system in regard to the European Unification, especially the background of judicial unification, on the basis of the analysis of the basic operating mechanism of Preliminary Reference Procedure, which means a lot both in the understanding of the European legal system itself and in the further study of the European Unification.First, after analyzing the basic legal elements of the Preliminary Reference Procedure the thesis gives a brief introduction of the legal sources, the requirements of prosecution, the litigant and the legal force, with a view to disclose the evolution law as well as its perfection process.Second, the thesis analyzes the important role of the Preliminary Reference Procedure in the process of the European Judicial Unification so as to reveal the characteristics of"comprehension"and"mixture"as well as to prove its role in forwarding Unification process.Third, the thesis analyzes the problems encountered of the Preliminary Reference Procedure, then brings light to the reform situation of the European Union and the European Courts to the Preliminary Reference Procedure, and suggests some ideas on the future development of the Preliminary Reference Procedure. The striking features of this article are:1. It adopts a variety of legal methods, including historical, empirical, and comparison, to research and analyze the Preliminary Reference Procedure comprehensively, in an effort to make clear the Procedure's development, the implementation state and the progress achieved.2. The thesis makes full use of the Internet resources, such as the EU's official website, the WESTLAW legal database, and so on. It tries to employ the latestinformation and first-hand information as the basis of the study, meanwhile, make full use of the prevailing research achievements home and abroad to support the Preliminary Reference Procedure.