Preliminary Reference Procedure - Essay Example

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European Court of Justice (ECJ) was set up with an aim to bring equal application and interpretation of the EU laws in every Member State in the union for disputes of similar nature…
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Download file to see previous pages The phrase you put for query, ‘Preliminary Reference Procedure’ is, according to Bromberg and Fenger (2010) a provisional terminology of the European Union law under the jurisdiction of the European Court of Justice (ECJ) that indicates the provision the national court or tribune to refer a question of the EU law to the ECJ for preliminary ruling so as to enable the national court to decide the case before it on receiving that ruling. From this angle, you can consider that the functioning of the preliminary reference procedures ensures the uniformity of interpretation and validity of the EU law across all the member states in the union. In an over view, (Harris & Horspool, 2010, pp. 3-5) the preliminary reference procedure is constituted as per the guidance of Article 267 TFEU that says that if a question is raised before any court or tribunal of a Member State, and if the court considers that the decision on the question is necessary to enable it to give judgement, that court may require the Court of Justice to give a ruling of the case thereon. Simply speaking, you can consider this as the tool of the state courts at times of critical decision makings on special issues with the consolidation of the ECJ. You need to further focus on the fact that the ECJ relies on its co-operation with national courts in taking decision on the appeal of national courts. In most cases related to such conditions, the CEJ leads the role in the decision making and the national courts go in submission to ECJ in the process of co-operation and therefore, are normally guided by the EU judiciary. The preliminary reference procedure guarantees the dominance of the ECJ as it gets the legal assistance of the EU laws system and therefore the cases handled by the ECJ sometimes provide controversial options of discretionary power to the national courts, particularly in situations related to arbitrations on employment and industrial relation disputes. For instance, if you take the disputes on issues like indirect discrimination, the EC is supportive to the benefit of employers but at the same time, this issue is sent to the national court for the review of the general principle of proportionality of the case on objective grounds. Reports and statistics may be of the effect of fading the effectiveness of the upper court’s judiciary system to decide on certain identical issues of national important, which are usually pertaining to industrial disputes; however, the system of Preliminary Reference Procedure is presently the most popular channel that connects national courts with the ECJ. For further clarity, I would like you to refer Article 254TFEU; it explains to you the validity of equality of decision making between the two courts in its original phase of inception of the law. The procedure functioned in a vicious circle that channelled the move of a question from the discretionary powers of the national court; from there, the ECJ takes into consideration, the legality of the case under the provisions of the EU law relevant to the issue and guides the national court to take the decisions accordingly. The prominence of the law-making process based on the preliminary reference procedure has been emerged as a result of the upper hand of the ECJ on the national courts whereby each decree of the ECJ becomes the decision unanimously approved and followed by other national courts in the Union (Role of National Courts inEuropean Law 8, Dec, 2006). You can thus observe that the new tendency among the national courts paved the way for the development of EU judicial system by placing the ECJ as the Apex Court. Also, this new move ...Download file to see next pagesRead More
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