judicial methodology and preliminary rulings

Question 1

methods of interpretation

Answer 1

• literal
• historical
• contextual
• teleological
• (precedent)

Question 2

precedent

Answer 2

• informally bound due to legal certainty and acte éclairé
• deviations tend to happen in increments

Question 3

article stating preliminary ruling mechanism

Answer 3

Art 267 TFEU

Question 4

two types of question

Answer 4

• interpretation of EU law
• validity of EU law –> can be used to challenge EU law through national courts

Question 5

courts and tribunals

Answer 5

• Power to make legally binding decisions
• Independence from the parties
• Recognition of decision-making function by the state (e.g. not an arbitration board)

Question 6

necessary for judgment

Answer 6

• decided by court
• unless: acte clair, acte éclairé

Question 7

when to refer

Answer 7

• at any stage in the proceedings
• inter partes hearing should have taken place
• facts established
  issues identified

Question 8

obligation to refer

Answer 8

• validity
• no judicial remedy, i.e. no appeal possible

Question 9

alternative/unusual procedures (CJEU)

Answer 9

• simplified procedure regarding matters of acte clair and acte éclairé –> reasoned order rather than full judgment
• accelerated procedure
• urgent procedure (freedom, security, justice)