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8 Cards in this Set
- Front
- Back
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When can the Court of Justice deliver preliminary rulings?
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Interpretation of Treaties
Validity and Interpretation of acts of the insitutions (bodies, offices or agencies of the Union) |
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What does Article 267 promote?
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Uniformity in the application of Community law across the 27 Member States.
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What has the Court of Justice interpreted with regards to Preliminary Rulings?
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Recommendations and Opinions
International agreements entered into by Community |
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Are national courts always obliged to refer to the Court of Justice and what is the law for this?
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No.
Da Costa 1963 |
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What is the doctrine of 'acte clair' and when is it applied?
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It means 'clear act' and it applied to a provision of EU law whose interpretation is clear or 'so obvious as to leave no scope for reasonable doubt as to its meaning' (CILFIT)
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What must the reference to the Court of Justice be based upon?
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A genuine legal dispute within a national legal body that can determine the outcome of the dispute
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What else may the Court of Justice do and what came about?
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Can rule upon the validity of an act
Foto Frost 1987 stated that no national court may give such a ruling |
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What concepts have been established through preliminary rulings?
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Direct Effect and Supremacy
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