Pursuant to Article 267 (2) TFEU, only a “court or tribunal” of a Member State has the right to make a reference for preliminary ruling. The CJEU interprets the terms “court or tribunal” as independent terms of Union law, irrespective of how they are construed on a national level13.
Who refers questions to the ECJ?
Which national courts can refer a question to the European Court of Justice? It is the national court which takes the decision on whether to refer a case to the European Court of Justice under the preliminary reference procedure.
Who can request a preliminary ruling?
Under the discretionary reference stipulated in Article 267(2) TFEU, a national “court or tribunal” may ask the CJEU to give a preliminary ruling if it considers that a decision on the question is “necessary” to enable it to give a judgment in a particular case.
What is preliminary reference procedure?
The preliminary reference procedure, provided for in Article 267 of the Treaty on the Functioning of the European Union (TFEU), is an institutionalised mechanism of dialogue between the Court of Justice of the European Union (CJEU) and national courts . This dialogue serves three principal purposes.
What is the role of preliminary references in the EU legal order?
The preliminary reference procedure is used when a national court or tribunal refers a question of EU law to the European Court of Justice (ECJ) for a preliminary ruling so as to enable the national court, on receiving that ruling, to decide the case before it .
What is a Court of last instance?
Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law , are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of ...
What can national courts ask the CJEU about?
If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification . ... ensuring the EU takes action (actions for failure to act) – the Parliament, Council and Commission must make certain decisions under certain circumstances.
Why is the preliminary rulings procedure so important?
The significance of preliminary ruling procedure in EU legal system is immense. The main purpose is to ensure uniform interpretation of EU law in all member states . ... It helps the CJEU control how the national courts apply EU law and also gives national courts a chance to affect the uniform interpretation of EU law.
Are preliminary rulings binding?
A preliminary ruling binds the national court that requested the judgment as well as all bodies , which may have to decide the same case on appeal. Although the decision is binding, the court may request a second preliminary ruling in the same case. Preliminary rulings do not bind courts in other cases.
What is Article 267 TFEU?
According to Article 267 of the Treaty on the Functioning of the European Union (TFEU), the Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning the interpretation of the Treaties as well as the validity and interpretation of acts of the institutions, bodies, offices, or ...
Is the preliminary reference procedure effective?
Following Article 267 (2) TFEU, all national courts have the possibility to refer questions on the validity and interpretation of EU law to the CJEU. ... Thus, the preliminary reference procedure preserves the effectiveness and uniformity of EU law . Yet, the CJEU established three exceptions to this referral obligation.
What are the functions of the preliminary ruling procedure?
preliminary ruling procedure gives a far-reaching guarantee that Community law will remain uniform in all Member States . the proceedings and refer the matter to the Court ofJustice for a decision.
What is a preliminary reference list?
A preliminary annotated reference list is more commonly called an annotated bibliography . An annotated bibliography has two purposes: it provides a reference for you when writing a paper, and it shows the person reading your paper what references you chose and why you chose them.
Which court can declare an EU law invalid under Art 267 TFEU?
The exclusive jurisdiction of the CJEU to declare Union law invalid follows from the wording of Article 267 (1) TFEU as well as from the supervisory function with regard to the review of acts by Union institutions49.
What does the concept of direct effect mean in EU law?
The principle of direct effect enables individuals to immediately invoke a European provision before a national or European court . This principle only relates to certain European acts. ... It enables individuals to immediately invoke European law before courts, independent of whether national law test exist.
What is meant by supremacy of EU law?
The principle of the primacy (also referred to as ‘precedence’) of EU law is based on the idea that where a conflict arises between an aspect of EU law and an aspect of law in an EU country (national law) , EU law will prevail. ... EU law therefore has primacy over national laws.
