Session 10 : The EU’s Judicial Architecture (b)

Question 1

How is the role of national courts defined?

Answer 1

Primacy : (obligation of consistent interpretation of existing domestic law so as to avoid a conflict with EU law / if the conflict cannot be avoided by a consistent interpretation, obligation to not to apply any conflicting provisions of the domestic legal order)
Direct effect : (sufficiently clear, precise and unconditional provisions of EU law may act as a direct source of legally cognisable rights and obligations before the national courts)

Question 2

What is a preliminary reference?

Answer 2

“A non-contentious procedure that serves as an instrument of cooperation between the ECJ and the national courts”, Opinion 2/13, para. 176 sets a dialogue between one court and another

Question 3

What purpose does a preliminary reference serve?

Answer 3

Development of EU law : develop new interpretations of EU law, resolve uncertainties, correct injustices and enunciate principles
Maintenance of institutional balance : do not trespass on each other’s prerogatives
Uniformity and consistency of EU Law: has a circulatory power in that it makes all Union courts part of a single judicial order and legal territory.
Administration of justice: decide dispute by tapping into the expertise of the court

Question 4

What’s the proportion of preliminary reference proceedings at the ECJ?

Answer 4

75%

Question 5

Case on the goal of preliminary reference

Answer 5

CJEU, 18 December 2014, Opinion 2/13, para. 176.

The goal of preliminary ruling : setting up a dialogue between one court and another, specifically between the Court of Justice and the courts and tribunals of the Member States, has the object of securing uniform interpretation of EU law. Its ​​consistency, its full effect and its autonomy as well as, ultimately, the particular nature of the law established by the Treatie

Question 6

Problem of divergence between the MS and the court

Answer 6

CJEC, 22 October 1987, Foto-frost, Case C-314/85, paras. 13-16.

the main purpose of the powers accorded to the Court by Article 177 is to ensure that Community law is applied uniformly by national courts. That requirement of uniformity is particularly imperative when the validity of a Community act is in question. Divergences between courts in the Member States as to the validity of Community acts would be liable to place in jeopardy the very unity of the Community legal order and detract from the funda­ mental requirement of legal certainty.