”The Principle of The Primacy of EU Law and the Right to Request Preliminary Rulings from Domestic Courts” [in Japanese]
Summary On February 2023, the Journal of Local Governance Studies published the paper" The Principle of The Primacy of EU Law and the Right to Request Preliminary Rulings from Domestic Courts" by Professor Yumiko Nakanishi at the Graduate School of Law. The paper describes the significance of the principle of EU law's primacy and domestic courts' preliminary ruling procedure. The case raised concerns about the rule of law and disciplinary liability for judges and others in Romania. Professor Nakanishi explains that the judgment obliged ordinary domestic courts to disregard the decisions of higher instances, such as the Constitutional Court, if they do not comply with the EU law. Similarly, the judgement determined that lower instance ordinary courts have the right to request preliminary rulings from the judicial court regardless of the Constitutional Court's decisions. Ordinary courts should respect their collaborative relationship with the judicial court as an "EU" court, but the supremacy of EU law itself is not based on specific provisions. Therefore, the exclusive jurisdiction of the judicial court is also subject to interpretation.