Preliminary References to the CJEU Flashcards
What is Preliminary ruling?
Article 267 TFEU provides a mechanism whereby a national court may refer a question or questions about EU law to the Court of Justice of the European Union. The Court of Justice answers the question/s by giving what is called a ‘preliminary ruling’ on the matter. Also distinguishes between those courts that have a discretion to refer and those courts that must refer.
What is the difference between reference and ruling?
The reference from the national court or tribunal is the question/s. The ruling from the CJEU is the answer/s. – COJ does not decides the case.
Why is the PR system widely used?
PR System is widely used as it uniform interpretation and consistency of EU law across Europe, although it is not a quick procedure.
How does PR differ from an appeal?
A reference is made before the case is decided in which the court decides to make a reference.
An appeal is made after the case is decided and the party whom loses the case must decide whether to appeal it.
What may the COJ rule on?
the interpretation of the Treaties; or
the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union.
Pieces of secondary legislation (such as directives and regulations) are acts of the institutions that can be assessed for validity or they can be interpreted by the Court of Justice.
What does a decision to refer mean?
Case must turn on the question of EU law so that the decision is necessary to enable it to give judgement, so the court cannot decide the case without help from the CJEU.
What does discretionary jurisdiction mean?
This means that any court or tribunal may make a reference, provided a decision on the question is necessary to enable it to give judgment. However, any discretion is lost when the case concerns the validity of secondary legislation - Foto-Frost v Hauptzollamt Lubeck-Ost . In these cases, the court must make a reference.
What was the case in which established whether the court should refer or not?
R v International Stock Exchange
What are the principles in which were established in this case?
a) the difficulties between national and EU law;
b) the difficulties in dealing with what might be an unfamiliar field;
c) the need for a uniform interpretation throughout the EU; and
d) the advantages enjoyed by the Court of Justice in interpreting EU law.
What happened in Costa v ENEL?
Mandatory Jurisdiction - In Costa v ENEL (case 6/64), the Court of Justice held that national courts against whose decisions there is no judicial remedy must refer the matter to the Court of Justice (provided a decision on the question is necessary to enable it to give judgment).
What was established in 1. CILFIT Srl v Ministero della Sanita?
The Court of Justice indicated that a reference will not be necessary, even from a court whose decision is final, in one of three circumstances.
- Where the question of EU law is not relevant.
- Where the question of EU law has already been interpreted previously in a decision before the Court of Justice.
- Where the correct interpretation of EU law is so obvious as to leave no scope for reasonable doubt.
what does Acte clair mean?
Relieves French courts from referring to the government questions on the interpretation of treaty provisions where their meaning is so ‘clear’ that no question of interpretation exists.
