Looks from China (Hong Kong) on the EU Law: The Preliminary Reference to the European Court of Justice
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Abstract
The article examines how the preliminary reference by the national courts to the European Court of Justice is a model used by Chinese regulations on the relations between the Hong Kong's Court of Final Appeal and the Standing Committee of the National People's Congress. Drawing upon the analysis of these mechanisms, the potential and limits of legal transplants are valued, both in terms of the micro- and macro-comparison in the area of public law.
Keywords
- Preliminary Ruling
- European Court of Justice
- Hong Kong's Court of Final Appeal
- Chinese Constitutional Law
- Legal Tranplants