IS THE PRODUCTION IN THE CASE SUBJECT TO SUSPENSION DUE TO A REQUEST MADE IN ACCORDANCE WITH ARTICLE 628? CRIMINAL PROCEDURE CODE PRELIMINARY QUESTION FROM ANOTHER COURT
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Date
2026-01-14
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Plovdiv University Press
Abstract
The present work examines a frequently encountered hypothesis, namely whether proceedings are subject to suspension where a preliminary reference has been made to the Court of Justice of the European Union by another national court, which would be determinative for the outcome of the case. The paper analyses divergent judicial practice regarding whether the court is obliged to stay the proceedings and on what legal basis such a stay may be ordered, while also presenting certain considerations of the author. The possibility of appealing the judicial act by which the court orders the suspension of the proceedings in the examined hypothesis is also discussed. A proposal is made for amending the relevant legal provision with a view to ensuring uniformity in judicial practice.
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Keywords
preliminary reference, stay of proceedings, appeal