EUROPEAN COURT OF JUSTICE

EUROPEAN COURT OF JUSTICE

1. Treaties - aims & objectives

2. plays a fundamental role in ensuring Treaty law retains its Comm. Character w/a view to guaranteeing EC law has same effect in all MS.

3. Treaty interpretation (Art 267 (1)(a))

4. Article 267

   • - used to make judgments on supremacy & Direct Effect
   • - ECJ merely interprets Treaty – no judgment on national law validity
   • - If incompatibility found, obligation on national. court to redress situation
   • preliminary ruling
     • • National courts and tribunals may, at their discretion request rulings;
       • body performs a judicial function.
         • - Established by law
         • - Is independent
           • Schmid
         • - Has an inter partes procedure
         • - Applies the rules of law
           • Dorsch Consult
           • Nordess
             • denied
     • • Once ECJ gives its ruling, it med ust be appliin all cases

5. Requiring MS courts to interpret EU law uniformly

6. preliminary reference

   • ational court or tribunal refers a question of EU law to the (ECJ)
   • cooperation between national courts and the ECJ.
     • dialogue’ with national courts, it has the upper hand and has succeeded in co-opting national courts into an EU judicial system.