Preliminary Reference

The previous extension phone function in term 234 facilitates useful cooperation between content courts and the EU Courts. It is a erratic problem-solving device characteristic of the partnership schema and its operation should non be dependent by prodigal formal requirements.” reason! Introduction “The antecedent annexe subroutine in term 234 facilitates effective cooperation between issue courts and the EU Courts. It is a unmatched problem-solving feature of the Community System and its operation should not be restricted by excessive formal requirements.” This essay is expiry to discuss this statement. The earlier consultation procedure of bind 234 EC[1] is the principal(prenominal) subject of the essay. First it leave alone examine the immensity of the procedure and resoluteness some questions. What is the antecedent examination part procedure? What are the functions of the procedure? How does the co-operation between national courts and EU courts work? What kind of formal requirements are thither for the procedure? After every(prenominal) this questions have been answered, it will be discussed, if the formal requirements the procedure has are too restrictive. Do they overhear sense? Should they make up? In the end the essay will give an answer statement to the statement above.

Article 234 and its preliminary procedure The preliminary judgements procedure plays a central part in the instruction and enforcement of EC Law.[2] It is hard to exaggerate the importance of the preliminary reference procedure.[3] Most of cases discrete and almost all principles open by the ECJ are connected with the preliminary reference on Article 234.[4] It has played a! major role in ontogeny the substantive law, since over 50 per cent of all cases decided by the ECJ are preliminary rulings.[5] What are the intentions of the preliminary ruling procedure of Article 234? The national courts of the Member States more ofttimes than not have the right to rule on how to contribute the rules of the EC-Treaty and the Community acts.[6]...If you want to get a full essay, nightspot it on our website: OrderEssay.net

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