ABSTRACT
Chapter 6 examines the most controversial issues raised by the referral procedure which have not been resolved, but resolution of which will determine the future of Article 214 RTC. Amongst unresolved issues, the most important from the perspective of the CCJ is the relationship between Article 1 of The Protocol attached to the RTC and Article 214 RTC. Article 1 of The Protocol, which requires that judgments delivered by the CCJ should not undermine the constitutional structure or the nature of the legal system of a Member State, depending on how it is interpreted, may challenge the very foundation of the original jurisdiction of the CCJ. From the perspective of national courts, the most controversial unresolved matter in that they may find themselves between Scylla and Charybdis in a situation where it is obvious from the referral judgment of the CCJ that a provision of national constitutional law is clearly, inherently and absolutely incompatible with CSME law. From the perspective of achieving uniformity, coherence, and consistency of CSME law, the unresolved issue is that relating to the determination of who should have competence to declare acts adopted by Community organs and bodies invalid.
