ABSTRACT

Article 234 represents a vital means by which the harmony of laws between Member States is achieved. The ECJ is insistent both that Community law has supremacy and that it be uniformly applied within Member States. And yet, the treaties establish a partnership between the judges within the national legal systems and the ECJ. It is not difficult to see that the task of uniformity is a difficult one as all nation states adopt and adapt to the requirements of Community law. For optimum effectiveness, a balance needs to be struck between making references to the ECJ where necessary and the domestic courts being able to apply Community law without undue delay or cost.