Abstract
This paper aims to understand the non-referral behaviour of national judges and judicial motives behind the decision to submit or not to submit a preliminary question to Court of Justice of the European Union. The chapter builds on the labour market and resource management argument and posits that there is no one single explanation of the referral behaviour of national judges. The use of the preliminary ruling procedure by national judges is, instead, motivated and constrained by a broader set of factors. In line with the theoretical predictions, the results show that the decision to submit a preliminary question to Luxembourg is determined by the individual profiles of judges, litigants’ input, as well as by the factors deriving from the wider institutional setting in which judges operate.
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