Explore the Silence: The Absence of Preliminary References from Greek Courts on Migration and Asylum

The preliminary reference procedure is a crucial tool for EU law enforcement. Yet, its usage varies greatly across the Member States. This paper deals with a notable case in which EU justice has not been mobilized: Greece. Until 2023, Greek judges had not made any preliminary references in the migra...

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Main Author: Virginia Passalacqua
Format: Article
Language:English
Published: Cambridge University Press 2024-08-01
Series:German Law Journal
Subjects:
Online Access:https://www.cambridge.org/core/product/identifier/S2071832224000646/type/journal_article
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author Virginia Passalacqua
author_facet Virginia Passalacqua
author_sort Virginia Passalacqua
collection DOAJ
description The preliminary reference procedure is a crucial tool for EU law enforcement. Yet, its usage varies greatly across the Member States. This paper deals with a notable case in which EU justice has not been mobilized: Greece. Until 2023, Greek judges had not made any preliminary references in the migration and asylum fields, despite significant migrant flows. This study investigates why Greece, with its critical migration challenges, became a zero-reference case.
format Article
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institution Kabale University
issn 2071-8322
language English
publishDate 2024-08-01
publisher Cambridge University Press
record_format Article
series German Law Journal
spelling doaj-art-5037872f90094c179e03ebfb222053492025-01-24T12:49:04ZengCambridge University PressGerman Law Journal2071-83222024-08-0125977100110.1017/glj.2024.64Explore the Silence: The Absence of Preliminary References from Greek Courts on Migration and AsylumVirginia Passalacqua0https://orcid.org/0000-0003-3834-6966University of Turin, Turin, ItalyThe preliminary reference procedure is a crucial tool for EU law enforcement. Yet, its usage varies greatly across the Member States. This paper deals with a notable case in which EU justice has not been mobilized: Greece. Until 2023, Greek judges had not made any preliminary references in the migration and asylum fields, despite significant migrant flows. This study investigates why Greece, with its critical migration challenges, became a zero-reference case.https://www.cambridge.org/core/product/identifier/S2071832224000646/type/journal_articleLegal Mobilizationstrategic litigationjudicial dialoguepreliminary referencemigrationGreece
spellingShingle Virginia Passalacqua
Explore the Silence: The Absence of Preliminary References from Greek Courts on Migration and Asylum
German Law Journal
Legal Mobilization
strategic litigation
judicial dialogue
preliminary reference
migration
Greece
title Explore the Silence: The Absence of Preliminary References from Greek Courts on Migration and Asylum
title_full Explore the Silence: The Absence of Preliminary References from Greek Courts on Migration and Asylum
title_fullStr Explore the Silence: The Absence of Preliminary References from Greek Courts on Migration and Asylum
title_full_unstemmed Explore the Silence: The Absence of Preliminary References from Greek Courts on Migration and Asylum
title_short Explore the Silence: The Absence of Preliminary References from Greek Courts on Migration and Asylum
title_sort explore the silence the absence of preliminary references from greek courts on migration and asylum
topic Legal Mobilization
strategic litigation
judicial dialogue
preliminary reference
migration
Greece
url https://www.cambridge.org/core/product/identifier/S2071832224000646/type/journal_article
work_keys_str_mv AT virginiapassalacqua explorethesilencetheabsenceofpreliminaryreferencesfromgreekcourtsonmigrationandasylum