What is Article 267 TFEU?
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 the purpose of Article 267?
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 purpose and nature of the Article 267 preliminary ruling procedure?
The main purpose of the preliminary ruling procedure is ‘to prevent the occurrence within the Community of divergences in judicial decisions on questions of Community law’, ensuring uniform interpretation of EU legal provisions across the 27 member states.
Does Article 267 TFEU provide a right of appeal to the CJEU?
‘ 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.
Which national courts can make a preliminary reference under Article 267 TFEU?
Article 256(3) TFEU provides for the General Court to have jurisdiction to hear and determine questions referred for a preliminary ruling under Article 267 TFEU in specific areas laid down by the Statute, but since no such provisions have been introduced into the Statute, the CJEU alone has jurisdiction in the …
What is the preliminary reference procedure in Article 267 TFEU?
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.
Who can request 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.
Why is preliminary ruling important?
The significance of preliminary ruling procedure in EU legal system is immense. The main purpose is to ensure uniform interpretation of EU law in all member states. It helps the CJEU control how the national courts apply EU law and also gives national courts a chance to affect the uniform interpretation of EU law.
What is the purpose of the preliminary ruling procedure?
The sense and purpose of the preliminary ruling procedure is to prevent national case-law and judicial practice that are not in accordance with the rules of Union law from being established in a Member State.
What amounts to a court or tribunal for the purposes of Article 267 TFEU?
Article 267 TFEU speaks simply of a ‘court or tribunal of a Member State’ as the organ entitled to submit a preliminary reference. Importantly, the CJEU does not analyse whether the referring court actually has jurisdiction to hear the case under national law (WWF, C-435/97).
Which court can declare an EU law invalid under Art 267 TFEU?
Since the CJEU is the only court with the authority to declare EU law invalid, national courts are always under an obligation to refer a validity question to the CJEU if they want to question the validity of an EU act.