Preliminary reference as a tool for ensuring uniformity in administrative judicial practice

This article examines the concept and legal nature of the preliminary reference as a means of promoting uniformity in administrative judicial practice. A preliminary reference is understood as a formal request submitted by a lower court to a higher court, seeking an authoritative interpretation of a legal provision applicable to a particular legal dispute. It is emphasized that, in responding to such a reference, the higher court does not establish facts or adjudicate the case on the merits. Instead, it provides legal clarification regarding the correct application of a specific legal norm to the legal relationship in question. The article analyzes the procedural features of the preliminary reference mechanism as developed in the case law of the Court of Justice of the European Union (CJEU). It is demonstrated that the CJEU, together with national courts of EU Member States, extensively uses this instrument to foster coherence in judicial interpretation and ensure the uniform application of EU law. The article outlines the key differences between model case proceedings and the preliminary reference procedure. The article further explores legislative initiatives previously submitted to the Ukrainian Parliament concerning the possible introduction of a preliminary reference mechanism and highlights their main shortcomings. Based on this analysis, the author advocates for the incorporation of such a mechanism into the Ukrainian legal system. For its effective implementation, key procedural elements are proposed, including: the grounds and subject matter of the reference, the parties entitled to initiate it, the initiation procedure, procedural implications for the pending case, the competent judicial body, the form and legal status of the opinion issued, and its binding legal effects. The article concludes that the introduction of a preliminary reference mechanism in Ukraine would help reduce the number of cassation appeals and retrials, lower litigation costs for parties, and enhance legal certainty for litigants following judgments by courts of first instance or appellate courts. These improvements are expected to significantly enhance compliance with the right to a fair trial, as guaranteed by the European Convention on Human Rights.