A preliminary ruling is a way for a national court to obtain an authoritative answer from the Court of Justice of the European Union (CJEU) about EU law. This procedure supports consistent interpretation of EU law across member states while leaving the underlying national case with the referring court.
A preliminary ruling is a decision by the CJEU on the interpretation of EU law, or in an appropriate reference on the validity of an EU act, following a request from a national court or tribunal. The national court asks the question because the answer may be needed to decide a case before it.
All flashcards
What is a preliminary ruling?
It is a CJEU decision answering a national court's question about the interpretation or, where relevant, validity of EU law.
What is the role of the referring court after the ruling?
It applies the CJEU's answer to the facts and law of the national case and completes the domestic proceedings.
Why must a reference arise from a genuine dispute?
The CJEU resolves EU-law questions needed in actual proceedings; it does not provide general or hypothetical advice.
What does 'disapply' mean in this context?
It means that a national court or authority does not apply a national rule that conflicts with EU law in the relevant case; the CJEU does not itself amend that rule.
Why is context included with a referred question?
The facts and legal setting help the CJEU understand the issue and provide an answer that can assist the national court.
Quiz questions
Under Article 267(3) TFEU, when does a national court generally have a duty to refer an EU-law interpretation question?Answer: When the question is relevant and the court's decisions are not subject to a judicial remedy under national law.
What does the acte éclairé exception mean for a last-instance court's duty to refer?Answer: A prior CJEU ruling has already answered a materially identical question in a comparable context.
Which feature is among the factors used to determine whether a body qualifies as a court or tribunal under Article 267?Answer: Whether the body is independent.
What may the CJEU interpret when considering an international agreement?Answer: An agreement concluded by the EU that forms part of the EU legal order.
What may follow when a preliminary ruling declares an EU instrument invalid?Answer: Measures based on that instrument may also be invalid, and competent EU institutions may need to act.
Based on the Wikipedia article Preliminary ruling, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.