Preliminary Reference Procedure Notes
This is a sample of our (approximately) 4 page long Preliminary Reference Procedure notes, which we sell as part of the GDL EU Law Notes collection, a Distinction package written at Cambridge/Bpp/College Of Law in 2017 that contains (approximately) 307 pages of notes across 36 different documents.
The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.
Preliminary Reference Procedure Revision
The following is a plain text extract of the PDF sample above, taken from our GDL EU Law Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.
Preliminary Reference Procedure _______________________________________________________
Treaty Basis Art 267 TFEU Jurisdiction of the CoJ to give preliminary rulings regarding:
- Interpretation of treaties
- Validity/interpretation of secondary legislation Lower courts may give preliminary reference; courts of last instance must give preliminary reference Simmenthal (See 'Supremacy' doc - authority on setting aside national laws) Prelim ref in non-adversarial procedures (allowed but warned of the potential threat to the rule of law in this regard) - question setting aside national law that only the constitutional court would be able to do - could this be done by the lower court purely on the authority of the CoJ's preliminary ruling?
Held: yes it could - clarified prelim rulings are for the interpretation of EU - it is for the national court to enter into a factual interpretation
Scope of Prelim Ref Drodzi v Belgium: the wording of Art 267 does not preclude a reference to the CoJ if it is MS national law that is in question
"since [Art 267 TFEU] is designed to ensure uniform interpretation in all MS of the provisions of Community law, the Court merely deduces from the letter and the spirit of those provisions trhe meaning of the Community rules at issue" Held: in this case it was not a genuine reference Leur-Bloom: a reference may only be where national legislation is aimed at the same purpose of EU law Total Belgium NV: prelim ref for interpretation of directive (to defend the objective of that directive being uniformly implemented) HOWEVER not unlimited scope:
- Art 275 TFEU no jurisdiction over CFSP
- Art 276 TFEU no jurisdiction over acts of police/security forces
Definition of 'court'
****************************End Of Sample*****************************
Buy the full version of these notes or essay plans and more in our GDL EU Law Notes.