Court of Justice

Court of Justice of the European Union

Court of Justice of the European Union

Introduction

Preliminary Reference Procedure is European Court of Justice Decision in order to interpret the Law of European Union that was made on the request of EU member's state. Reason to call it as preliminary ruling because it directly refers to the national court which aims to resolve the dispute before stay its own proceeding about EU law validity. Article 267 TFEU states that the Court Justice of the European Union shall provide jurisdiction to provide preliminary ruling to concern about (i) interpretation of treaties (ii) validity and interpretation of act of bodies, institution or agencies of the Union. The European Court Justice accepts the decision from anybody who comes under the legal system of Member State but does not accept the decision from anybody who is outside from the Member State legal system.

According to Case 166/73 Rheinmuhlen [1974] ECR 33 at 38, “The preliminary reference procedure under Article 267 TFEU is seen as 'an essential form of partnership, co-operation and interaction between the Court of Justice of the European Union and the national courts which ensures the Union Law has the same meaning in all the Member States." Aim of this paper is to discuss that how far this is to be consider an accurate evaluation of the Article 267 TFEU preliminary reference procedure.

Discussion

Rheinmuhlen Case

Article 267 (previously 177) indicates that it is necessary for the conservation of the Union Character of the Law that recognized by the Treaty and has a entity to make sure that in all different situation this regulation remain similar to all the Members States of the Union.

However, it should be alert that structure in not considered as an appellate structure. It is a Whereas to build the Court of Justice a Supreme and Court of Appeal for Europe, founder of EEU not desire to produce straight dare to their national judiciary. Article 267 TFEU has specifically recognize the necessary of a partnership role among the Court of Justice and National Courts of the Members States. There is an only Treaty provision that expressly acknowledge the National Courts enforcement role.

The initiative with appeal is a successful to Appellate Court that can substitute with its own decision for the lower court. The Court of Justice rule is the issue that has been raised but it is for the lower court which applies the Court of Justice ruling. It is indicates that it has been based on the system principle that face with a question concern to Law of European Union. First, National court refer this point to Court of Justice and then interpret provision which is refer back to National court to apply as it is fit. The entire procedure is to retain the National Court independence:

According to Hoffmann La Roche v. Centraform 17/76 [1977] EUR 957, “a body of the national case does not agreement with the Union Law rules from approaching in to the continuation in ...