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Outline the respective roles of national courts and the CJEU in relation to the preliminary ruling procedure. How has the Court of

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Outline the respective roles of national courts and the CJEU in relation to the preliminary ruling procedure. How has the Court of Justice developed the relationship between itself and national courts in that context?

Seminar 3 questions for seminar group discussion and an oral presentation

 

1)         Outline the respective roles of national courts and the CJEU in relation to the preliminary ruling procedure. How has the Court of Justice developed the relationship between itself and national courts in that context?

 

 

2)         To what extent can Art 267 TFEU be fairly described as a particular type of judicial 

            remedy for individuals seeking to enforce their rights under EU law?

 

 

3)         Consider the CJEU judgment’s CILFIT.  Outline what is meant by acte clairand what impact CILFIT has had on the relationship between the CJEU and national courts of the EU member states. 

4)         ORAL ASSESSMENT QUESTION

Joint presentation by students to be given on the legal significance of the judgment of the CJEU in:

 

Presenters are referred to the note on p2 of this LW593 Seminar Workbook and the information contained in sections 6.4 and 7.5 of the LW593 Module Outline.

           

Note: The above judgment contains references to former treaty provisions whose numbering has since been amended. The judgment refers to various provisions of the Treaty of Rome 1957 (EEC Treaty), notably Art 177 EEC. This provision has now been replaced by Art 267 TFEU. (Blackstone’s EU Treaties & Legislation contains tables of equivalences.)

 

5)         Assess the significance of the CJEU’s judgment in Köbler in terms of its impact regarding:

i) decisions by national courts of final appeal not to refer to the CJEU for advice on EU law under the auspices of the preliminary ruling procedure; and 

ii) the nature of the relationship between the national courts and the CJEU.

Supplementary questions for Seminar 3 (for self-study only)

 

1)             What constitutes a ‘court or tribunal’ for the purposes of Art 267 TFEU?

 

2)             What is the essential point in the two Foglia v Novello cases? Why did the Court of Justice reach these decisions?

 

3)             What principle was laid down by the CJEU in Foto-Frost?

 

4)             What are the conditions for granting interim relief according to the CJEU’s ruling in Atlanta?

 

5)             How did the Nice Treaty 2001 and Lisbon Treaty 2007 affect the preliminary ruling procedure?

 

6)             How important has the preliminary ruling procedure been for the construction of the

EU legal order?

7)             Consider CJEU ruling in Axel Walz v Clickair. Briefly explain how the CJEU approaches the task of interpreting EU legislation intended to implement rules of  international law. Do you think its approach differs in any material respects from the way in which it interprets EU law in general? How did the CJEU’s interpretation of EU law have a bearing on the outcome of the case referred to it from the national court?

 

8)         The CJEU has described the preliminary ruling system as ‘the veritable        cornerstone of the operation of the internal market’.[1] Why?

(As part of your answer reflect back on R v Henn and Darby discussed in Seminar 2.)

[1] Report of the Court of Justice on certain aspects of the application of the Treaty on European Union, 1995, 

 


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  • Title: Outline the respective roles of national courts and the CJEU in relation to the preliminary ruling procedure. How has the Court of Justice developed the relationship between itself and national courts in that context?
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  • Post Date: 2018-11-10T11:45:49+00:00
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