preliminary reference procedure essay

The named procedure is designed to serve the unity of interpretation and application of the EU law in the MS. In this situation a mechanism of preliminary reference procedure was the result of a compromise that has all the advantages and disadvantages of a compromise. By liberating national courts of last instance from the obligation to make reference where the case law already made the solution clear, the ECJ firmly established the normative value of its rulings." It has been noted that the two problems are related to each other and one creates the other: "Furthermore, time consumption will continue to grow as long as the Court of Justice does not de-escalate its law-making and policy-making activities, for which it rightly earned a reputation". The ECJ under the preliminary reference procedure created another fundamental principle of EU law - direct effect of EU law (Van Gend en Loos v Nederlandse Administrative der Belastingen, Case 26/62) [23] . [27]. If a court or tribunal of a Member State finds a provision of EU law to be ambiguous, equivocal or unclear, it may seek a preliminary ruling; and if that court or tribunal is one from which there is no appeal, the court must make an application. Each writer has a Master's degree and at least five years of writing experience. It was, presumably, put up to camouflage the fact that the Court of Justice was deeply involved (if not in theory then in fact) in a continuous process of policymaking and of acting in hierarchical juridical capacity". Thanks a lot! Instead, we provide you with high-quality academic writing help and fast online support. This service has become real salvation! The said agreement is not in force. 2. Order our online help and get a brilliant paper you can use as an example. Thus, it is recognized that by adopting this principle, the ECJ clearly went beyond those intentions than that of the MS when they were signing the Treaties. Whether you are a high school, college, or university student, you can rely on our help. We want you to enjoy the cooperation, so we are ready to hear any feedback. written by UK university students Putting in perspective the achievements of the Court, it should be noted that the ECJ in the named procedure developed a number of important legal principles that now serve as legal policy within the EU. Preliminary Example Reference Essay Procedure. Either due to the forgetfulness or the lack of proper legal technique, the MS did not include the principle of supremacy of the EU law into the Treaty text. Our team respects the values we created throughout the years of working. Mark 87.5% (A) - EU Law 2nd Year LLB. At least, the «Report by the Working Party on the Future of the European Communities' Court System» gave the following assessment to the given procedure: "through the direct dialogue which has made possible between each national court and the Court of Justice, as the supreme judicial body in the Community, through the authority and certainty of the answers it thereby gives to the questions raised and through the simplicity of its operation, the current system of preliminary rulings has proved to be the most effective means of securing the uniform application of Community law throughout the Union, thereby forming the keystone of the Community‘s legal order". The quality is just amazing, I was able to work and earn money for my family contradicted intentions... References by national courts is cooperative, not hierarchal opportunities they wish they had to succeed in not only but... 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