Summar
Summary European Legal Governance
Chapter 4: Judicial Order
Preliminary reference - Domestic courts can ask legal questions to the ECJ concerning EU law - ECJ gives its answer in a judgment On individual level individuals litigate a point of EU law before a national court, who decides whether to refer to the ECJ Courts of Justice of the EU shall have jurisdiction to give preliminary rulings concerning: - The interpretation of the Treaties - The validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union Optional reference: Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court to give a ruling thereon Compulsory reference: Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court. Acte éclaire: question is materially identical with a question already decided by ECJ Costa (1964) EC law takes precedence over national law Execution or administration of EU law is overwhelmingly a matter for domestic authorities and national governments within Member States Acte clair: so obvious as to leave no scope for any reasonable doubt as to the manner in which the question raised is to be resolved CILFIT (1982) Italian ministry argued there was no need to make a reference to the ECJ as the question of law was obvious Case encourages national courts to decide seemingly non-controversial or technical matters of EU themselves Changed in Kobler! (blz 177) Köbler (2003) “State liability for an infringement of EC law by a decision of a national court adjudicating in last instance can be incurred only in exceptional cases where the court has manifestly infringed the applicable law” Austrian Court ruled in
Chapter 4: Judicial Order
Preliminary reference - Domestic courts can ask legal questions to the ECJ concerning EU law - ECJ gives its answer in a judgment On individual level individuals litigate a point of EU law before a national court, who decides whether to refer to the ECJ Courts of Justice of the EU shall have jurisdiction to give preliminary rulings concerning: - The interpretation of the Treaties - The validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union Optional reference: Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court to give a ruling thereon Compulsory reference: Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court. Acte éclaire: question is materially identical with a question already decided by ECJ Costa (1964) EC law takes precedence over national law Execution or administration of EU law is overwhelmingly a matter for domestic authorities and national governments within Member States Acte clair: so obvious as to leave no scope for any reasonable doubt as to the manner in which the question raised is to be resolved CILFIT (1982) Italian ministry argued there was no need to make a reference to the ECJ as the question of law was obvious Case encourages national courts to decide seemingly non-controversial or technical matters of EU themselves Changed in Kobler! (blz 177) Köbler (2003) “State liability for an infringement of EC law by a decision of a national court adjudicating in last instance can be incurred only in exceptional cases where the court has manifestly infringed the applicable law” Austrian Court ruled in