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Stay of proceedings

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Glossaries

Term Definition
Stay of proceedings

Suspension of the trial, which implies the temporary halt in proceedings,  which may occur for various reasons, such as:

  • preliminary ruling: when the decision of the disputed issue is conditioned to the prior resolution of another pending question;
  • a question of unconstitutionality: once the procedure has been completed, the Court appreciates the relevance of raising a question of unconstitutionality before the Constitutional Court, because it considers that there are doubts about the constitutionality of a legal norm relevant to the prosecution of the case;
  • preliminary ruling CJEU: the Court, also after the conclusion of the proceedings, refers a question to the Court of Justice of the European Union for a preliminary ruling, on the ground that it has doubts as to the interpretation of the rule of EU law or its validity; being essential to resolve these doubts in order to resolve the dispute;
  • at the request of both parties: If they want a method of settling disputes (arbitration, mediation);
  • at the request of one party.
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