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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2006
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croxfordunivpr:10.1093/oso/9780199258840.003.0004 2023-12-31T10:04:31+01:00 The preliminary rulings procedure Arnull, Anthony 2006 http://dx.doi.org/10.1093/oso/9780199258840.003.0004 https://academic.oup.com/book/chapter-pdf/52267003/isbn-9780199258840-book-part-4.pdf unknown Oxford University PressOxford The European Union and its Court of Justice page 95-137 ISBN 9780199258840 9781383040074 book-chapter 2006 croxfordunivpr https://doi.org/10.1093/oso/9780199258840.003.0004 2023-12-06T08:59:37Z 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: Book Part Artide Oxford University Press (via Crossref) 95 137 |
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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: |
format |
Book Part |
author |
Arnull, Anthony |
spellingShingle |
Arnull, Anthony The preliminary rulings procedure |
author_facet |
Arnull, Anthony |
author_sort |
Arnull, Anthony |
title |
The preliminary rulings procedure |
title_short |
The preliminary rulings procedure |
title_full |
The preliminary rulings procedure |
title_fullStr |
The preliminary rulings procedure |
title_full_unstemmed |
The preliminary rulings procedure |
title_sort |
preliminary rulings procedure |
publisher |
Oxford University PressOxford |
publishDate |
2006 |
url |
http://dx.doi.org/10.1093/oso/9780199258840.003.0004 https://academic.oup.com/book/chapter-pdf/52267003/isbn-9780199258840-book-part-4.pdf |
genre |
Artide |
genre_facet |
Artide |
op_source |
The European Union and its Court of Justice page 95-137 ISBN 9780199258840 9781383040074 |
op_doi |
https://doi.org/10.1093/oso/9780199258840.003.0004 |
container_start_page |
95 |
op_container_end_page |
137 |
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1786833966886551552 |