The preliminary ruling
procedure before the Court of Justice of the European Union (CJEU) is one of the main mechanisms for ensuring the uniform appli- cation of European Union
law. The article
examines how the Supreme Court, as the highest court in the country, deals with issues of application of European
Union law at various stages of the revision process
and how is this considera- tion reflected in case law with a focus
on administrative dispute
cases. The ar- ticle discusses the latest
developments in case law (and open questions), also taking into account the recent precedential judgement of the CJEU in the case C-561/19 Consorzio Italian
Management of 6 October 2021. It also highlights
dilemmas and concerns raised by the recent decision of the Constitutional Court
in the case Up-1133/18 of 31 March 2022. In its decision the Consti- tutional
Court instructs the Supreme Court, in cases where revisions are not admissible, to give reasons as to why it did not refer a case for a preliminary rul- ing based on a party’s motion.
According to the existing established Supreme Court case law, a preliminary question cannot be
referred to the CJEU in the decision-making process on the admissibility of revision. The article represents
the point of view that in the given circumstances the decision of the Supreme Court to refer a preliminary question
to the CJEU regarding the compatibility
of the existing regulation of admissibility of revision with the requirements of European Union law was well founded.
Key words: preliminary ruling
procedure, admissibility of revision, European Union Law, Revision procedure, Constitutional Court, Court of Justice
of the European Union.