ABSTRACT
J Understand the difference between those courts and tribunals which ‘may’ seek a preliminary ruling and those that ‘shall’ do so
J Understand the circumstances in which national courts may refrain from seeking rulings, in particular the ‘acte clair’ doctrine
J Understand why reform of the preliminary rulings procedure is regarded as important
J Analyse critically the various reform proposals that have been made
‘Art 267 The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning:
(a) the interpretation of the Treaties; (b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the
Union;
Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon. Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court. If such a question is raised in a case pending before a court or tribunal of a Member State with regard to a person in custody, the Court of Justice of the European Union shall act with the minimum of delay.’
