Preliminary references to the Court of Justice of the European Union and the right to a fair trial under Article 6 ECHR
Bibliographic record
Abstract
According to art.267 of the Treaty on the Functioning of the European Union (TFEU), the courts of the Member States may-and sometimes must-refer questions about the validity and interpretation of EU law to the Court of Justice of the EU so that it can make a binding ruling.This article reviews the practice of the European Court of Human Rights (ECtHR) on the demands that art.6 of the European Convention on Human Rights (ECHR), on the right to a fair trial, make on Member States' courts when considering making a reference to the Court of Justice for a preliminary ruling.Among other things, it is pointed out that the ECtHR practice on the requirement to give reasons for not making a reference appears to go further than several of the rulings given by Member States' courts.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.099 | 0.198 |
| Meta-epidemiology (narrow) | 0.001 | 0.002 |
| Meta-epidemiology (broad) | 0.003 | 0.004 |
| Bibliometrics | 0.004 | 0.003 |
| Science and technology studies | 0.015 | 0.019 |
| Scholarly communication | 0.024 | 0.013 |
| Open science | 0.008 | 0.013 |
| Research integrity | 0.068 | 0.032 |
| Insufficient payload (model declined to judge) | 0.010 | 0.004 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".