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Critically analyse the above statement, with reference to relevant case law of the Court of Justice of the European Union, primary legislation and academic commentaries where appropriate.

The preliminary ruling procedure is an essential element of the EU legal order that has facilitated significant developments in EU law. However, it is not an appeal system but a forum for judicial dialogue between the European courts. The effectiveness of the procedure is subject to a generous judicial interpretation of article 276 TFEU by the CJEU, just as much as it is dependent upon the willingness of the domestic courts of the Member States to engage’.
 
The preliminary ruling procedure is an essential element of the EU legal order that has facilitated significant developments in EU law. However, it is not an appeal system but a forum for judicial dialogue between the European courts. The effectiveness of the procedure is subject to a generous judicial interpretation of article 276 TFEU by the CJEU, just as much as it is dependent upon the willingness of the domestic courts of the Member States to engage’.
 
Critically analyse the above statement, with reference to relevant case law of the Court of Justice of the European Union, primary legislation and academic commentaries where appropriate.
 
 

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