HEALTH SAFETY ENVIRONMENT

Foundation Legal Module and Introduction to Industrial Safety Law and Environmental Law

Foundation Legal Module and Introduction to Industrial Safety Law and Environmental Law

Part-1: Case Analysis

The essence of the preliminary review procedure under Art 267 TFEU (Art 234 EC):

Article 267 has been derived from the Article 234. Therefore, in order to explain the essence of Article 267, this paper will first briefly over the Article 234. The Article 234 of the Treaty establishing the European Community (EC) incorporated a preliminary ruling procedure the court has intended to ensure uniformity of Community law.

"The Court shall have jurisdiction to give preliminary preliminary ruling:

The interpretation of this treaty;

The validity and interpretation of acts of the insti- Community institutions and European Central Bank;

The interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide.

When raising a point of this nature before a court juris- National diccional a Member State, that court may ask the Court to rule on it, if it considers required a decision to give judgment. When an issue arises in such a case pending before a national court, whose decisions are not susceptible judicial remedy under national law, that court is obli- Gado bring the matter before the Court".

After the Lisbon treaty that provision has become Article 267 of the Treaty on the Functioning of the European Union (TFEU), and is in force since 1st, December 2009. in its current state determines the following:

"The Court of Justice of the European Union shall have jurisdiction to pronunciarse a preliminary ruling:

The interpretation of the Treaties;

The validity and interpretation of acts of the insti- institutions and bodies of the Union;

When raising a point of this nature before a court juris- diccional of a Member State, that court may request the Court to rule on it, if it considers that a decision Commission to enable it to give judgment.

When an issue arises in such a case pending before a national court, whose decisions are not susceptible judicial remedy under national law, that court is obli- Gado to refer the matter to court.

When an issue arises in such a case pending before a national court in relation to a person in custody, the Court of Justice of the European Union shall act with the as soon as possible".

Relations between the European Union norms and standards in the internal perspective of the Constitutional Court:

The recognition of the primacy of supranational law over national law represents the culmination of a long judicial process marked by four phases.

In a first phase Indeed, the Court has set the relationship on an equal basis between the two sources of law, given the identical strength possessed by enforcement law, through which EU law is input into our law, and common laws. The plan was that the relationship between an ordinary law and the law of adaptation to the Treaty, the Court held that in case of contradictions between sources, was to apply the existing principle of law relating to succession in ...