P5; CH6: Preliminary Rulings

Question 1

What’s a preliminary ruling?

Answer 1

It’s an indirect remedy that aims at ensuring uniformity in observing and enforcing union law across the Member States.

It concerns questions of INTERPRETATION OF THE ACQUIS and VALIDITY OF ANY INSTRUMENT OF EU LAW

It’s a non-adversarial procedure: national courts dialogue with central ECJ incidentally through a referral in any phase of a proceeding.

Question 2

Who’s in charge of Preliminary Rulings?

Answer 2

ECJ, and De Jure general court.

ECJ works as the supreme interpreter.

Question 3

Is the referral a duty or a power?

Answer 3

For lower national courts it’s a simple power, while for higher national courts its an obligation.

Question 4

Are national courts empowered to annul a Union’s provision if it’s invalid?

Answer 4

No, uniformity of application prevails over the validity of the single norm.

Question 5

What’s the subject matter of the Preliminary Ruling?

Answer 5

There are two:
- EU LAW Interpretation
- EU LAW Validity

Question 6

What are the effects of Preliminary Rulings?

Answer 6

The Judgement is binding ULTRA PARTES:
- not erga omnes: do not preclude the possibility to raise another question
- not inter partes: functional to the decongestion of courtrooms in cases of similar cases

The Judgement is in principle RETROACTIVE:
depending on considerations/examinations of possible damages to legal certainty and stability of legal relationships.

The Judgement has a:
-EXCLUSIONARY EFFECT
-SUBSTITUTIONARY EFFECT