50942
Description
Mind Map by grantcat69, updated more than 1 year ago
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Created by grantcat69
about 11 years ago
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EUROPEAN COURT OF JUSTICE
- Treaties - aims & objectives
- 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.
- Treaty interpretation (Art 267 (1)(a))
- 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
- Schmid
- - Has an inter partes procedure
- - Applies the rules of law
- Dorsch Consult
- Nordess
- denied
- denied
- Dorsch Consult
- - Established by law
- body performs a judicial function.
- • Once ECJ gives its ruling, it med ust be appliin all cases
- • National courts and tribunals may, at their discretion request rulings;
- - used to make judgments on supremacy & Direct Effect
- Requiring MS courts to interpret EU law uniformly
- 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.
- dialogue’ with national courts, it has the upper hand and has succeeded in co-opting national courts into an EU judicial system.
- ational court or tribunal refers a question of EU law to the (ECJ)
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