40. References to the Court of Justice of the European Union

2019 ◽  
pp. 443-447
Author(s):  
Stuart Sime
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
English Court ◽  
Court Of Justice

An English court faced with a question of EU law may sometimes decide it itself, or may refer it to the Court of Justice of the European Union (CJEU) in Luxembourg for a preliminary ruling. If a reference is made, the English proceedings will be stayed pending the ruling of the CJEU. Once it is made, the ruling is binding on the English court, but it is only a preliminary ruling, in that the English court is left to apply the ruling to the facts of the case and to give judgment. This chapter discusses the questions which may be referred to the CJEU; mandatory references; discretionary references; procedures in England; procedure in the CJEU; and costs of the parties in seeking a ruling from the CJEU.

40. References to the Court of Justice of the European Union

2017 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
English Court ◽  
Court Of Justice

An English court faced with a question of EU law may sometimes decide it itself, or may refer it to the Court of Justice of the European Union (CJEU) in Luxembourg for a preliminary ruling. If a reference is made, the English proceedings will be stayed pending the ruling of the CJEU. Once it is made, the ruling is binding on the English court, but it is only a preliminary ruling, in that the English court is left to apply the ruling to the facts of the case and to give judgment. This chapter discusses the questions which may be referred to the CJEU; mandatory references; discretionary references; procedures in England; procedure in the CJEU; and costs of the parties in seeking a ruling from the CJEU.

40. References to the Court of Justice of the European Union

2016 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
English Court ◽  
Court Of Justice

An English court faced with a question of EU law may sometimes decide it itself, or may refer it to the Court of Justice of the European Union (CJEU) in Luxembourg for a preliminary ruling. If a reference is made, the English proceedings will be stayed pending the ruling of the CJEU. Once it is made, the ruling is binding on the English court, but it is only a preliminary ruling, in that the English court is left to apply the ruling to the facts of the case and to give judgment. This chapter discusses the questions which may be referred to the CJEU; mandatory references; discretionary references; procedures in England; procedure in the CJEU; and costs of the parties in seeking a ruling from the CJEU.

40. References to the Court of Justice of the European Union

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
English Court ◽  
Court Of Justice

An English court faced with a question of EU law may sometimes decide it itself, or may refer it to the Court of Justice of the European Union (CJEU) in Luxembourg for a preliminary ruling. If a reference is made, the English proceedings will be stayed pending the ruling of the CJEU. Once it is made, the ruling is binding on the English court, but it is only a preliminary ruling, in that the English court is left to apply the ruling to the facts of the case and to give judgment. This chapter discusses the questions which may be referred to the CJEU; mandatory references; discretionary references; procedures in England; procedure in the CJEU; and costs of the parties in seeking a ruling from the CJEU.

6. The preliminary ruling (Article 267 TFEU)

2020 ◽  
pp. 155-176
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Reference Procedure ◽  
Procedural Law ◽  
Court Of Justice

This chapter examines the procedural law of the European Union (EU), focusing on Article 267 of the Treaty on the Functioning of the European Union (TFEU). It explains that Article 267 is the reference procedure by which courts in member states can endorse questions concerning EU law to the Court of Justice (CJEU). Under this Article, the Court of Justice of the European Union (CJEU) has the jurisdiction to provide preliminary rulings on the validity and interpretation of acts of the institutions, bodies, offices, or agencies of the Union and on the interpretation of the Treaties. This ensures legal unity.

6. The preliminary ruling (Article 267 TFEU)

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Reference Procedure ◽  
Procedural Law ◽  
Court Of Justice ◽  
European Court

This chapter examines the procedural law of the European Union (EU), focusing on Article 267 of the Treaty on the Functioning of the European Union (TFEU). It explains that Article 267 is the reference procedure by which courts in member states can endorse questions concerning EU law to the European Court of Justice (CoJ). Under this Article, the Court of Justice of the European Union (CJEU) has the jurisdiction to provide preliminary rulings on the validity and interpretation of acts of the institutions, bodies, offices, or agencies of the Union and on the interpretation of the Treaties.

10. The preliminary ruling procedure

2020 ◽  
pp. 225-250
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
National Courts ◽  
Court Of Justice ◽  
The Relationship ◽  
Gain Access

This chapter examines the relationship between the Court of Justice (CJ) and the national courts in the context of the preliminary ruling procedure provided by Article 267 of the Treaty on the Functioning of the European Union (TFEU). The chapter focuses on the text of Article 267 TFEU. It analyses the extent to which national courts are willing and able to gain access to the CJ in order to resolve the questions of European Union (EU) law before them. The chapter also explains the concept of acte clair. The analysis reveals that the CJ has rarely refused its jurisdiction and has interpreted broadly the term ‘court or tribunal’. The CJ has also rarely attempted to interfere with national courts’ discretion in matters of referral and application of EU law, while national courts have generally been ready to refer cases to the CJ.

Preliminary References

2018 ◽  
Author(s):  
Morten Broberg ◽  
Niels Fenger
Keyword(s):  
European Union ◽  
Member State ◽  
National Court ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Reference Procedure ◽  
National Courts ◽  
Court Of Justice ◽  
Court Of Appeal

A reference for a preliminary ruling is a request from the national court of a Member State to the Court of Justice of the European Union to give an authoritative interpretation of an EU act or a decision on the validity of such an act. In this situation, the Court of Justice does not function as a court of appeal that rules on the outcome of the main proceedings before the referring court: it makes judgment neither on the facts in the main proceedings nor on the interpretation and application of national law. Moreover, in principle it does not itself pronounce on the concrete application of EU law in the main proceedings before the referring court. Finally, while a preliminary ruling is normally given in the form of a judgment, the ruling is addressed to the referring court and not to the parties to the main proceedings. Only the referring court’s subsequent decision can be enforced against those parties. The preliminary reference procedure is therefore an expression of the interplay and allocation of tasks between national courts and the Court of Justice.

Fighting for Authority: Strategic Actions of National High Courts in the European Union

2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Principal Agent Theory ◽  
Strategic Actions ◽  
High Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lower Courts

National high courts in the European Union (EU) are constantly challenged: the European Court of Justice (ECJ) claims the authority to declare national standing interpretations invalid should it find them incompatible with its views on EU law. This principle noticeably impairs the formerly undisputed sovereignty of national high courts. In addition, preliminary references empower lower courts to question interpretations established by their national ‘superiors’. Assuming that courts want to protect their own interests, the article presumes that national high courts develop strategies to elude the breach of their standing interpretations. Building on principal-agent theory, the article proposes that national high courts can use the level of (im-) precision in the wording of the ECJ’s judgements to continue applying their own interpretations. The article develops theoretical strategies for national high courts in their struggle for authority.

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