EU Law - Referrals

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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
  • 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
  • First case to be referred to the ECJ was Van Duyn v Home Office (1974)

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