European Union Law ( EU Law) - The Urgent Preliminary Procedure
Preliminary ruling in an emergency A new urgent preliminary rulings method was adopted in March 2008 and is only to be used in rare circumstances. The following is how the Court of Justice outlined the rationale for the new procedure: This process is effective as of 1st March 2008 and should allow the Court to deal with the most delicate issues pertaining to the areas of freedom, security, and justice much more quickly, such as those that may arise, for instance, in specific circumstances where a person is deprived of his liberty and the answer to the question raised is essential to determining the person's legal situation; or in proceedings concerning p By limiting the number of parties eligible to submit written observations, referring all cases involving the areas of freedom, security, and justice to a special chamber of five judges who will decide whether to apply the new procedure and, if they do, will issue their decision shortly thereafter, and using only electronic communication, the new procedure reduces waiting times. In Rinau (case C-195/08 PPU) [2008] ECR I-5271; [2009] 2 WLR 972, the new process was first applied. The Supreme Court of Lithuania requested a preliminary judgement in a custody dispute on April 30, 2008. She shared a home with her mother in Lithuania after her parents had divorced, but her father, who lived in Germany, was suing for custody. The ECJ used the new process, and on July 11—just over 10 weeks later—the decision was made. The Court stated that the need to safeguard Luisa from harm, prevent jeopardizing her connection with her father, and create a "fair balance" between Luisa's interests and those of her parents justified the haste. Santesteban Goicoechea (case C-296/08 PPU) [2008] ECR I-6307) saw an even quicker resolution. A preliminary decision was sought in this case by the Court of Appeal in Montpellier, France, regarding the potential extradition of a Spanish national from France to Spain to answer to criminal allegations. Less than six weeks after the ruling was requested on July 3rd, 2008, the ECJ issued its decision on August 12th. In this case, the haste was appropriate because the subject was being kept in custody in France after serving a prison sentence there and pending his potential extradition to Spain. Although the new process has received positive academic reviews, Koutrakos ('Speeding up the Preliminary Reference Procedure: Fast but not Too Fast' (2008) 33 EL Rev 617) has noted that "there is a balance which must be struck" between delivering judgments as quickly as possible (on the one hand) and giving the ECJ's judges enough time "to reflect on the questions put to them, assess the arguments... and consider the wider ramifications of their conclusio (on the other). According to him, giving a verdict takes time, which is not a "luxury" but rather "an essential prerequisite for the competent administration of justice."
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