Failure to make a reference for a preliminary ruling to the Court of Justice of the European Union as a violation of Article 6 of the European Convention on Human Rights - the interplay between the courts in Strasbourg and Luxembourg after the Commission v France judgement.

Abstract

This thesis examines the situation when a national court adjudicating in the last instance refuses to make a reference for a preliminary ruling to the Court of Justice of the European Union from the perspectives of European Union law, the European Convention on Human Rights. This situation is analysed in the broader context of the relationship between the Court of Justice of the European Union and the European Court of Human Rights.