Lecture 17 - preliminary rulings

Question 1

what are the basics of art 267 tfeu

Answer 1

dialogue national courts with cjeu
-national court or tribunal may refer questions involving eu law to cjeu where there is uncertainty
-cjeu answers are authoritative and binding on all national courts

Question 2

what is the importance of art 267

Answer 2

• enabling national courts to apply eu law
• clarity and development of eu law
• uniform interpretation of eu law
• demarcation of boundaries between national and eu law

Question 3

what is the doctrine of acte clair

Answer 3

under the case of cilfit c-182/81 - exceptionally no obligation to refer under art 267(3) where correct application of eu law so obvious as to leave no scope for any reasonable doubt