The ECJ has no rights under this procedure to decide on the merits of a legal dispute in which it sought to explain the interpretation of the EU law. However, it is not an obligation. Resolving this issue is left to the national courts. National courts or tribunal, against whose decisions there is no judicial remedy in a similar situation must make a request to the ECJ. The ECJ may not decide on the merits of the case, but only to give an interpretation on the application of the EU law.
Treaty On The Functioning Of The European Union Law European Essay
As such the national courts act in accordance with Community law and refer cases to the European Court of Justice. National judges play a key role in implementing Community law in their Member States. The preliminary reference system thus enables the national courts to comply with Community law and maintain cooperation with the European Court of Justice. Under this system the national courts refer cases for a preliminary ruling to the ECJ, in accordance with the provisions of Article EC.
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This page of the essay has words. Download the full version above. In order for the correct functioning of Article , the ECJ must use strict discretion when determining whether to accept or to decline a certain case. Equally, Article sets out certain terms and conditions under which national courts have discretion to refer cases and others who are obliged to refer.