„Do‘s and don‘ts when relying on the Charter of Fundamental Rights of the European Union in the references for preliminary rulings“

This study aims at examining whether preliminary questions on the interpretation of provisions of the Charter are duly worded by national courts and establishing the fields where national courts need additional methodological assistance or training to ensure they make proper references to the Charter provisions when preparing requests for a preliminary ruling. In pursuit of the objective, the authors were not following a well-trodden path, i.e., were not carrying out a theoretical analysis of the Charter provisions but chose to examine some particular negative examples that best illustrate practical difficulties national courts encounter. The subject of the study is decisions and orders where the Court of Justice decided that preliminary questions referred by a national court related to the interpretation of the Charter were inadmissible for consideration or were excluded from the jurisdiction of the Court.