How does the Article 267 TFEU preliminary reference procedure ensure the uniformity of EU law?
According to Article 267 of the Treaty on the Functioning of the European Union (TFEU), the Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning the interpretation of the Treaties as well as the validity and interpretation of acts of the institutions, bodies, offices, or …
What is an Article 267 reference?
The purpose of an Article 267 reference is to try to ensure a uniform application of EU law throughout the European Union. For further details, see Practice notes, References for a preliminary ruling under Article 267 of TFEU: substantive aspects and Procedure.
What is the preliminary ruling procedure?
The main procedural remedy to address this problem is the preliminary ruling procedure, which enables all national courts, and obliges some of them, to suspend the main proceedings before it and refer questions concerning the interpretation and validity of Union law to the Court of Justice for a binding ruling.
Does Article 267 TFEU provide a right of appeal to the CJEU as such?
‘ Article 267 clarifies that courts where there is no further right of appeal are required to make a preliminary reference to the European Court of Justice if a question of interpretation of European law is at issue in the case.
What is the preliminary rulings procedure?
How does the preliminary ruling procedure work?
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, given in response to a request from a court or tribunal of a European Union Member State. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling.
Why is Article 267 TFEU important?
Article 267 of the Treaty on the Functioning of the European Union (TFEU) is the legal basis for the Court of Justice of the European Union’s1 jurisdiction to give preliminary rulings concerning the interpretation of the Treaties and the validity and interpretation of acts of the institutions, bodies, offices or …
What is reference for a preliminary ruling?
Right and duty to refer for a preliminary ruling Under the discretionary reference stipulated in Article 267(2) TFEU, a national “court or tribunal” may ask the CJEU to give a preliminary ruling if it considers that a decision on the question is “necessary” to enable it to give a judgment in a particular case.
What is the purpose of preliminary rulings under Article 267?
The purpose of the preliminary rulings procedure under Article 267 is to ensure the uniform application and authority of ECJ rulings on the validity and interpretation of EU law.
What is the purpose of Article 267 TFEU?
– Article 267 TFEU. The purpose of the preliminary rulings procedure under Article 267 is to ensure the uniform application and authority of ECJ rulings on the validity and interpretation of EU law. Article 267 allows MS to request the ECJ to give rulings on EU law issues.
What is the purpose of the preliminary reference procedure?
The preliminary reference procedure, provided for in Article 267 of the Treaty on the Functioning of the European Union (TFEU), is an institutionalised mechanism of dialogue between the Court of Justice of the European Union (CJEU) and national courts. This dialogue serves three principal purposes.
How long does it take for the ECJ to rule on Article 267?
– Article 267 TFEU 1 Article 267 allows MS to request the ECJ to give rulings on EU law issues 2 The procedure usually takes 18 months to 2 years 3 Any national court or tribunal can raise issues 4 Decisions of the ECJ are binding on all MS 5 It is not an appeals procedure