Fastovets A. The issues related to the preliminary reference procedure of the ECJ.

The thesis is devoted to the complex research of the preliminary reference procedure exercised by the European Court of Justice. The preliminary reference procedure in Article 267 of the Treaty on the Functioning of the European Union ('TFEU'), which enables national courts to request the Court of Justice to provide a ruling on the interpretation or validity of an EU legal act, is widely considered to be the jewel in the crown of EU law. The preliminary reference procedure is triggered by national courts or tribunals of the Member states when questions concerning the proper application of the EU law or the validity of an EU act arise. It was found that the Court's giving answers to specific questions brings about certain consequences for the European legal system in general. The Court inter alia fills in existing gaps, provides interpretation and even progressively develops the European law. The author points out that such jurisdiction of the Court may be considered to be of precedential character. In the result of the preliminary reference procedure the unity and harmonious application of the EU law by all Member states is ensured. The author gives an overview of the development of preliminary reference procedure in the European legal system and examines the different aspects of the preliminary reference procedure. The work also focuses on aspects of the preliminary reference procedure worked out by the Court in its practice given the absence of respective clarification in Article 267 of the TFEU. The author gives account of what bodies may refer, discusses the requirements for the reference, when a national court must make a preliminary reference and when a national court that is not obliged to make a preliminary reference should make such a reference. The form and content of a preliminary reference are also discussed in the study. Additionally, the study examines the future 'destiny' of a preliminary reference procedure and possible prospects of the cooperation between the national courts and the ECJ. Specific attention is paid to how Ukraine may benefit from thorough studying of the preliminary reference procedure given Ukraine's perspective to advance the European vector of its foreign policy in light of the implementation of the Association Agreement between Ukraine and the European Union.