The Research On The Issue Of Legal Effect Of European Court’s Preliminary Reference

The European Union court is the product of regional integration and its the furtherdevelopment.As a unique judicial jurisdiction procedure, the Preliminary ReferenceProcedure has constructed a direct judicial cooperation relationship between theEuropean Union Court and the Courts of the European Members. The legal effect ofthe preliminary reference is directly related to the nature of the proceedings.Long-term trial practice of the European Court of Justice has witnessed thegrowing process of a successful regional judicial institutions. Firstly, it is from ahistorical dimension to research and explore the developments and changes of the legaleffect in this growth process. On this basis, the following is horizontal and longitudinaldimensions of research perspective of the legal effect. Horizontal perspective startsfrom the basis of equality and cooperation between the EU Member States’ court andthe European Court of Justice. Longitudinal perspective is mainly reflected in the twoprinciples of the EU legal system, the principle of direct effect and maximum effect.On the basis of these two principles, prior effect is a unique principle of preliminaryreference. The research will be help to International judicial practice and helpinternational law truly play its legal effect.In this paper, three-dimensional is the main research method, from historical,horizontal and longitudinal dimension. In addition, it also uses specification analysis,empirical analysis, historical analysis methods. This make the theory and practicetogether. Wish it will be helpful to the international judicial practice.