JN204 Lecture Notes - Lecture 1: Preliminary Ruling

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Law of european union revision notes topic 1 - art. : national court, faced with question over interpretation or validity of piece of e. u. law in case before it, can (or sometimes must) request preliminary ruling from court of justice on meaning or lawfulness of piece of e. u. To guarantee respect for the distribution of powers between the. Union and its member states and between the union institutions, the uniformity and consistency of union law and. To contribute to the harmonious development of the law within the union. ( the future of the judicial system of the e. u. What can be the subject of a preliminary ruling: 2 principal types of matters can be subject of ruling by c. j. e. u, 1) interpretation of t. e. u. , t. f. e. u. Suppliers v ireland (36 & 71/80): parties have no right to reference. Can only be made by national court: is not appeals procedure. Court noted quasi-judicial nature of proceedings & was exercising functions of public nature.

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