The urgent preliminary reference in family law cases
The urgent preliminary reference procedure is governed by Article 104(b) Rules of Procedure of the European Court of Justice and Article 23(a) Statute of the Court of Justice of the European Union. Once the Court has decided whether the case should be heard under the urgent procedure or not, all the interested parties, including the institutions and the Member States will be notified of the decision. If the case is to be heard under the urgent procedure:
- There is a shorter time limit on the written submissions to the Court and there may be restrictions on the parties’ and interested persons’ written submissions.
- In cases of extreme urgency, the written stage of the procedure may be omitted.
- The case may be determined without a submission from the Advocate-General.
The urgent preliminary reference procedure is an important development for family law cases within the EU and the cases heard under the urgent procedure thus far have been completed in a much shorter time than under the normal procedure. The European Court of Justice has been prepared to refuse applications for an urgent preliminary reference where the case for urgency is not demonstrated, so clarity about the reasons for urgency is necessary for an application by the national court to be successful.
- The urgent preliminary reference procedure is used where there is time pressure in the resolution of a case. It may be particularly appropriate in cases where a child’s welfare is affected by the decision.
- The national court must request an urgent procedure and clearly identify the reasons why it is necessary.
- The European Court of Justice decides whether the urgent procedure is warranted in a particular case.