EU Law - Referrals
- Created by: Emily Underwood
- Created on: 28-04-13 11:48
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- EU Law - Article 267 Referrals
- Mandatory Referral
- Court of last resort unless there is a similar previous question.
- Discretionary Referral
- All other courts may refer to the ECJ.
- Guidelines set out by Lord Denning in the case of Bulmer v Bollinger
- 1) Must be neccerssary from ECJ
- 2) Guidance on the same point can't of been given before
- 3) No need if Law is reasonably clear
- 4) Discretion to refer reamins with domestic court
- 5) Must consider all circumstances
- Mandatory Referral
- A court from a member state can refer a matter to the ECJ
- EU Law - Article 267 Referrals
- Mandatory Referral
- Court of last resort unless there is a similar previous question.
- Discretionary Referral
- All other courts may refer to the ECJ.
- Guidelines set out by Lord Denning in the case of Bulmer v Bollinger
- 1) Must be neccerssary from ECJ
- 2) Guidance on the same point can't of been given before
- 3) No need if Law is reasonably clear
- 4) Discretion to refer reamins with domestic court
- 5) Must consider all circumstances
- Mandatory Referral
- EU Law - Article 267 Referrals
- First case to be referred to the ECJ was Van Duyn v Home Office (1974)
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