O reenvio prejudicial à luz da recente jurisprudência do Tribunal de Justiça

: teoria do ato claro

Abstract

This Master’s thesis does not intend to exhaust the subject of the preliminary ruling, which is a very broad topic. Its primary purpose was to discourse on the preliminary ruling from to the point of view of the waiver of the obligation to refer to the national courts of last resort, particularly in the application of the theory of the act eclair. First, we have tried to understand the impact of the criteria for applying the theory of the clear act imposed in the CILFIT judgement on the preliminary ruling. Thereafter, we will explore numerous divergent doctrinal positions arising from these criteria. Finally, following the presentation and analysis of the case law that followed the aforementioned judgement, we have sought to establish a framework for the criteria for the application of the theory of the clear act and their impact on the uniformity of European Union Law. We intend to expound on how the Court of Justice of the European Union has been modifying these criteria over time while seeking to safeguard judicial cooperation with national courts.

Date of Award	19 Jun 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sofia Oliveira Pais (Supervisor)