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EU LAW > Week 11 - The Preliminary Ruling Procedure > Flashcards

Week 11 - The Preliminary Ruling Procedure Flashcards

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1
Q

What is the constitutional importance of the Preliminary Ruling Procedure?

A

CoJ them at the request of the courts or tribunals of the Member States, on the interpretation of Union law or the validity of acts adopted by the institutions

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2
Q

What is the purpose of the Preliminary Ruling Procedure (PRP)?

A
  1. Uniform Interpretation of EU Law
  2. Constitutionalising device
  3. Protection of individual rights
  4. Pyramidal judicial structure in the Union legal system
  5. A balance between sovereignty and interdependence
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3
Q

What does Article 267 (1) on the Preliminary Ruling Procedure (PRP) encompass?

A

Sets out the jurisdiction of the CJEU

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4
Q

What does Article 267 (2) & (3) on the Preliminary Ruling Procedure (PRP) encompass?

A

Maps out the basic preliminary ruling procedure

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5
Q

What does Article 267 (4) on the Preliminary Ruling Procedure (PRP) encompass?

A

Urgent cases

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6
Q

What is Article 267 not?

A
  1. A specific right of action
  2. A right of appeal
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7
Q

What subsection of Article 267 defines ‘Discretionary referral’?

A

(2)

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8
Q

What subsection of Article 267 defines ‘Mandatory Referral’?

A

(3)

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9
Q

What is Discretionary referral?

A

If it considers that a decision on the question is necessary to enable it to give judgment, request the Court to give a ruling

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10
Q

What is Mandatory referral?

A

Shall bring the matter before the Court

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11
Q

What is the 1st stage of the Preliminary Ruling Procedure?

A

Legal action is brought before a Member States court/tribunal

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12
Q

What is the 2nd stage of the Preliminary Ruling Procedure?

A

The Member State court/tribunal refers EU legal questions to the CJEU

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13
Q

What is the 3rd stage of the Preliminary Ruling Procedure?

A

The CJEU delivers its preliminary ruling on EU law questions

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14
Q

What is the 4th stage of the Preliminary Ruling Procedure?

A

The matter is referred back to the Member State court/tribunal to apply the CJEU ruling on the case.

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15
Q

What are the distinctive types of Preliminary rulings?

A
  1. Urgent
  2. Expedited/Accelerated
  3. Simplified
  4. Dispensing with the Advocate General’s opinion
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EU LAW (4 decks)

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