January 23
2022
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Dolores Utrilla
Dolores Utrilla
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20th September 2021
Human Rights Internal Market Justice & Litigation

Op-Ed: “On procedural pluralism, effective remedies and dogs that do not bark (yet): The opinion of Advocate General Hogan in Randstad” by Giulia Gentile

On 9 September 2021, Advocate General (AG) Hogan delivered his Opinion in Randstad Italia (C-497/20). The issues raised by this preliminary ruling case are, on the surface, uncomplicated. The referring court asked, first, whether national rules can be interpreted in a way that limits the duty for courts against whose decision there is no remedy to submit a preliminary ruling request; second, whether national procedures can be interpreted in a way that precludes an appeal in cassation to challenge decisions of national courts which misapply EU law; and, finally, the referring court requested clarifications on the scope of judicial review in the context of public procurement procedures. There is extensive case law on all of these questions

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