ECON 1 Lecture Notes - Lecture 18: Preliminary Ruling, Enel, Legal Certainty
Document Summary
267 tfeu: since it has been acknowledged that individuals are also concerned by community, it was held that eu law should also be possible to be invoked before national courts, art. 267 tfeu is a procedural device which served as the vehicle in developing principles and remedies in community law by the court of justice, including direct effects. 267 tfeu: the preliminary ruling procedure: the article encompasses the preliminary ruling or reference procedure by which the courts of the member states can refer questions to the ecj on matters of eu law. It, thus, provides a link between national and eu legal system: under art. Article: the court has consistently refused to rule on the validity of national laws. In the case foglia v novello, the court held it may decline to take a under art. 267(2) tfeu states that any court may refer if it considers it necessary to reach a decision in the case, whereas art.
