Mariana Martins Pereira, principal associate at Cruz Vilaça Advogados, wrote the article “Access to national supreme courts and preliminary ruling: are the principles of equivalence and effectiveness enough to protect the keystone of the EU judicial architecture?”, published on the website EU Law Live.
The article analyses the pending case KUBERA (C-144/23), in which the Court of Justice will have to decide whether national rules making the grant of leave to appeal to supreme courts subject to certain admissibility criteria must be interpreted in the light of the obligation of those courts to refer questions to the Court of Justice for a preliminary ruling. In the article, Mariana Martins Pereira discusses whether an answer to this question can be found in existing case law and whether those admissibility criteria fall under the principle of procedural autonomy, subject to the principles of equivalence and effectiveness.
Read the full article here.