The institute of preliminary reference is regulated by the Treaty on the Functioning of the European Union (hereinafter: TFEU) and it serves as the sole effective mean of communication between national courts and the EU Court. In addition to its key role in unifying and harmonizing judicial practices, the preliminary reference institute guarantees the effectiveness of judicial protection, implementation of the principles of equality and security, seeking to ensure an equal legal position for all Union citizens. In this paper, the authors elucidate the role of the preliminary reference procedure in the legal order of the European Union (hereinafter: EU), emphasizing the scarce intention of national constitutional courts to refer a preliminary question and their current issues. Taking into account the fact that the Constitutional Court of the Republic of Croatia posed a preliminary question to the EU Court for the first time in April 2023, a process that is still ongoing, the authors analyze the submitted request, problematizing the potential elements of discrimination regarding the freedom of movement of students studying at foreign universities, referring to related examples from the EU Court’s case law.
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