The preliminary rulings procedure
Abstract Much of the responsibility for applying the rules laid down in the EC Treaty and in Community acts belongs to the national courts of the Member States. This gives rise to a potential problem. If the internal market is to work properly, the relevant rules must have the same effect in all the...
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| Format: | Book Part |
| Language: | unknown |
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Oxford University PressOxford
2006
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| Online Access: | http://dx.doi.org/10.1093/oso/9780199258840.003.0004 https://academic.oup.com/book/chapter-pdf/52267003/isbn-9780199258840-book-part-4.pdf |
| Summary: | Abstract Much of the responsibility for applying the rules laid down in the EC Treaty and in Community acts belongs to the national courts of the Member States. This gives rise to a potential problem. If the internal market is to work properly, the relevant rules must have the same effect in all the Member States. However, the nature of the judicial process and the varying national legal traditions mean that, left to their own devices, it would be highly unlikely that courts in, say, Edinburgh would always apply Community law in the same way as courts in, say, Athens. To help safeguard the uniform application of Community law, Artide 234 (ex 177) EC therefore Jays down a procedure which enables national courts to refer to the Court of Justice questions of Community law that they have to decide before giving judgment. It provides as follows: The Court of Justice shall have jurisdiction to give preliminary rulings concerning: |
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