JN204 Lecture 5: Jn204 lecture 5
18 Nov 2020
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: if such a question is raised in a case pending before a court or tribunal of a member state with regard to a person in custody, the court of justice of the. European union shall act with the minimum of delay. Understandable given length of time normally takes for court to give judgment. Importance of the preliminary ruling system to e. u law: development of e. u. Importance of the preliminary rulings system to e. u law: creation of a community (now union) legal order, court used preliminary rulings to develop e. c. (now union) legal order & constitutionalise the e. c. Treaty (now t. f. e. u/t. e. u. : through requests for preliminary references that court able to develop twin pillars of direct effect (enabling individuals to enforce. E. u. law in their national courts) & supremacy (ensuring e. u. law takes precedence over conflicting provisions of national law): van gend en loos (26/62, costa (6/64, preserving the uniformity of law.
