EU Law - Courts which must refer to ECJ and Courts which may refer (Article 267 TFEU Procedure)
- Created by: Alasdair
- Created on: 11-11-20 13:14
View mindmap
- Courts which must refer to ECJ and Courts which may refer (Article 267 TFEU Procedure)
- Courts of mandatory jurisdiction
- Description in Article 267 TFEU
- 'against whose decisions there is no judicial remedy under national law'
- Costa v ENEL (case 6/64) [1964] ECR 585
- Ended debate about meaning of quote
- Confirmed ECJ's view it means highest court of national system for particular type of case
- e.g. Mr Costa couldn't appeal to a higher court because of the dispute concerning small amount of money
- made Italian magistrates' court the one which there was no judicial remedy under national law.
- e.g. Mr Costa couldn't appeal to a higher court because of the dispute concerning small amount of money
- Confirmed ECJ's view it means highest court of national system for particular type of case
- Implications on British courts
- Courts other than highest court (Supreme Court) will in some cases be courts of mandatory jurisdiction
- Ended debate about meaning of quote
- Costa v ENEL (case 6/64) [1964] ECR 585
- 'against whose decisions there is no judicial remedy under national law'
- Must refer question to ECJ
- Description in Article 267 TFEU
- A court of permissive jurisdiction
- Any other court or tribunal within country's national system
- ie. any court or tribunal that is not court of mandatory jurisdiction
- They may refer question to ECJ or decide on question of EU Law themselves
- If they interpret EU incorrectly, losing party should be able to appeal against judgement
- ultimately go up to court of mandatory jurisdiction which will be under obligation to refer.
- If they interpret EU incorrectly, losing party should be able to appeal against judgement
- Any other court or tribunal within country's national system
- Courts of mandatory jurisdiction
Comments
No comments have yet been made