Timothy Millett reviews the EU's high-speed reference procedure
On 1 March 2008, the Court of Justice of the European Communities introduced a new high-speed preliminary ruling procedure. It is available only for references in the area of freedom, security and justice. Within that field, it makes radical changes to the normal preliminary ruling procedure.
An enabling provision was introduced as Art 23a in the Statute of the Court of Justice (OJ 2008 L 24, p 42). The new procedure itself was established by an amendment to Art 9 and the introduction of a new Art 104b of the Rules of Procedure of the Court of Justice (OJ 2008 L 24, p 39). It is called the “urgent procedure”.
This new high-speed procedure is available only for references for a preliminary ruling in the areas covered by Title VI of the Treaty on European Union (TEU) or Title IV of Part III of the EC Treaty (ECT).
Title VI TEU comprises provisions on police and judicial cooperation in criminal matters. It covers
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