Preliminary Rulings under Article 267 TFEU I
- Created by: Alasdair
- Created on: 10-11-20 18:07
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- Preliminary Rulings under Article 267 TFEU I
- What does Article 267 TFEU provide?
- Article 267 TFEU Reference Procedure
- According to Article 267(1)(a) and (b), ECJ has jurisdiction to make rulings on:
- (a) interpretation of TFEU and 'acts of the institutions' (ie. secondary legislation)
- bodies, offices or agencies of Union, e.g. European Central Bank.
- (b) The validity of secondary legislation
- Article further provides if a question concerning 'interpretation of the Treaty' is raised before any national court or tribunal.
- then court may refer question to ECJ, if it considers ruling from ECJ is 'necessary' to allow (ie. national court) to give judgement (Article 267(2)).
- If national court in question is one 'against whose decisions there is no judicial remedy under national law'
- Court must refer matter to ECJ if it considers a ruling is necessary (Article 267(3))
- (a) interpretation of TFEU and 'acts of the institutions' (ie. secondary legislation)
- According to Article 267(1)(a) and (b), ECJ has jurisdiction to make rulings on:
- Meaning of Article 267 TFEU in the UK
- References can be made from courts and tribunals
- are at lower end of court hierarchy
- e.g. significant number of references under Treaty's free movement provision, Article 34 TFEU, were made by English and Welsh magistrates' courts in so-called 'Sunday Trading' cases
- are at lower end of court hierarchy
- References can be made from courts and tribunals
- Court's decision whether to refer or not
- litigants may request court to refer
- but cannot oblige to do so.
- court of mandatory jurisdiction
- court against whose decisions there is no appeal
- Other courts
- referred to as courts of permissive jurisdiction
- litigants may request court to refer
- Interpretation of TFEU
- First and most used issue of Article 267 TFEU
- Provision allows ECJ to give authoritative rulings on interpretation of EU Law and aims to ensure EU Law is correctly and uniformly applied by courts of Member States
- Procedure has allowed ECJ to establish many major principles of EU Law.
- Article 267 TFEU Reference Procedure
- How Article 267 TFEU Procedure works
- 1. A court realises, having established facts and heard evidence, that it cannot decide on a particular point raised by wording of Article
- 2. National court decides to make a reference
- 3. National court needs to formulate questions to which it needs answers, and send those questions to ECJ.
- Not an appeal.
- 4. ECJ has power to answer questions posed b national court
- 5. Once ECJ has answered, sends case back to national court
- 6. National Court (now with benefit of ECJ's ruling) decides case for itself.
- 5. Once ECJ has answered, sends case back to national court
- 3. National court needs to formulate questions to which it needs answers, and send those questions to ECJ.
- 2. National court decides to make a reference
- 1. A court realises, having established facts and heard evidence, that it cannot decide on a particular point raised by wording of Article
- Role of National Courts
- According to Article 267, 'any court of tribunal' may make reference
- In UK's case includes:
- magistrate's courts
- county court
- employment tribunals
- higher courts
- In UK's case includes:
- Cont. on 2nd mindmap
- According to Article 267, 'any court of tribunal' may make reference
- What does Article 267 TFEU provide?
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