Preliminary References in Civil and European procedural law JUDr. Štangová Eva 1 Abstract (EN) The main purpose of this doctoral thesis was to provide an comprehensive analysis of the Preliminary questions under Slovak and Czech national legislations and to provide the same analysis of Preliminary questions under Treaties and Legislation of European Union Law (hereinafter referred to as "Union law"). This analysis shall cover both, Slovak and Czech code of judicial procedure which have the same numerical designation as Act No. 99/1963 Coll. and are known as Code of civil procedure (hereinafter referred to as OSP) in Slovakia and Code of civil procedure (hereinafter referred to as OSŘ) in the Czech Republic as well. The research in this thesis is structurally divided into 5 independent chapters. Using bellow stated research methods and science procedures; each part focuses on different context of preliminary questions. The first two chapters focus the historical context, concept, importance and scope of the preliminary questions under legislation of Czech and Slovak Republic. This chapter also outlines the normative legal regulations of these issues in the "de lege lata" status. At the same time, the author pays more attention to the eligibility of preliminary questions to be considered as preliminary ones,...

v anglickém jazyce - English abstract Protection of Right to Fair Trial in Relation to Preliminary Ruling Proceedings Right to fair trial is one of fundamental human rights, which enables individuals to effectively invoke their rights and freedoms before a lawful, impartial and independent court. In Europe, the protection of this right is guaranteed at a multi-layer level, whose layers interact: first layer is formed by constitutional orders of individual States, second layer by institutions of European Union, in particular the Court of Justice of the European Union, and a third one, that of the European Court for Human Rights. In the European Union, the Treaties have introduced the mechanism of preliminary ruling with the aim of preserving unity within the Union and of ensuring coherent interpretation and application of European law by the courts of the Member States. Preliminary ruling proceedings ensure effective cooperation between national courts and the Court of Justice of the European Union. Art. 267 TFEU provides for an obligation to request a preliminary ruling for national courts of last instance (if none of the CILFIT case law conditions is met). Breach of this obligation may entail violation of right to fair trial at all three layers of human rights protection in Europe. Each European...