In conclusion, the preliminary ruling procedure is essential to the uniformity of the Union, allowing the CJEU to develop and clarify key principles constructing the legal system of the European Union. Nevertheless, broad interpretation of what constitutes a court and tribunal and the increasing number of discretionary and mandatory references further expands the scope of the procedure. The continuous growth of referrals under Article 267 leads to an overwhelming of the Court. According to JHH Weiler, this may lead to the risk of lower quality rulings and the dilution of the normative effect of the rulings when the Court deals more with details than overseeing the development of Union law in a smaller number of important cases.
Reference for a preliminary ruling — Electronic communications — Processing of personal data — Confidentiality of electronic communications — Protection — Directive 2002/58/EC — Articles 5, 6 and 9 and Article 15(1) — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 11 and Article 52(1) — National legislation — Providers of electronic communications services — Obligation relating to the general and indiscriminate retention of traffic and location data — National authorities — Access to data — No prior review by a court or independent administrative authority — Compatibility with EU law