Preliminary References to the Court of Justice of the EU and the Right to a Fair Trial under Article 6 ECHR

According to art.267 of the Treaty on the Functioning of the European Union (TFEU), the courts of the Member States may—and sometimes must—refer questions about the validity and interpretation of EU law to the Court of Justice of the EU so that it can make a binding ruling. This article reviews the practice of the European Court of Human Rights (ECtHR) on the demands that art.6 of the European Convention on Human Rights (ECHR), on the right to a fair trial, make on Member States’ courts when considering making a reference to the Court of Justice for a preliminary ruling. Among other things, it is pointed out that the ECtHR practice on the requirement to give reasons for not making a reference appears to go further than several of the rulings given by Member States’ courts.