Summary
Summary Preliminary Reference Procedure
- Course
- Institution
Summary notes on EU preliminary reference procedure
[Show more]
Seller
Follow
vandartelconnor
Content preview
Preliminary Reference Procedure (EU)Procedure is given under Article 267 TFEU.
Any national court can refer an issue of interpretation of EU law to Court of
Justice of EU. Only highest courts in nation have duty to refer, rest have
discretion. Any court MUST refer an issue if it refers to validity of EU act –
314/85 Firma Foto Frost.
‘Acte Clair’ doctrine:
Highest court ‘against whose decisions there is no judicial remedy under
national law’ shall refer, unless…
1. ‘materially identical’ to matter already decided (acte eclaire)
2. Answer is so obvious as to leave no scope for any reasonable doubt (acte
clair) 283/81 CILFIT
3. But, only if the matter is equally obvious to the courts of the other
member states and the court of justice CLIFIT paragraph 16
Lord Denning in Bulmer v Bollinger:
1. The facts should be decided first, so the question of whether the
reference is ‘necessary’ can be settled,
2. The difficulty or importance of the question,
3. The wishes of the parties could be considered, although it was for the
courts to decide whether to make a reference, and,
4. The need to avoid overloading the CJEU
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller vandartelconnor. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.32. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75619 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now