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))
      • 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
      • 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
      • 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.
    • 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.
    • 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
      • Cont. on 2nd mindmap


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