Preliminary rulings Flashcards
what is article 267 ultimately about
provides an exceptional power to the court of justice to give preliminary ruling concerning the interpretation of treaties and the validity and interpretation of acts of the institution,
are courts obliged to ask the CJEU for a preliminary ruling
the highest degree courts such as the supreme court of the UK are however lower degree courts are not however if the issue is related to the validity of secondary legislation an obligation is imposed by the article to refer regardless of the level of court
instead of seeking a preliminary ruling what can the lower degree courts do instead to resolve the matter
small claims procedure
how can you tell the difference between a court and a tribunal
there are members appointed to a court
parties are legally represented in a court
public authority involved
decision is made after hearing arguments not during or before
the decision is subject to review in a court
what reason may a court NOT refer a question to the court of justice
there has already been appeal to a higher domestic court
what courts MUST refer to the court of justice
> the highest court in the case
> when the question relates to the invalidity of secondary legislation
name some cases where the court has been obliged to refer to the court of justice
costa v enel
firma foto frost
bummer v Bollinger
list reasons why a court may have no need to refer
> EU law is irrelevant (outdated)
there is already an existing interpretation by the court of justice
the correct application is obvious
the act is clear
name the key case in relation to a court not having to refer to the court of justice
CILFIT CASE
