PRELIMINARY RULINGS AND ACTE CLAIR: NATIONAL COURTS, ADVOCATE GENERAL AND CJEU

Paul Craig

PRELIMINARY RULINGS AND ACTE CLAIR: NATIONAL COURTS, ADVOCATE GENERAL AND CJEU

Paul Craig

Legal Studies

Research output: Contribution to journal › Article › peer-review

Abstract

The regime of preliminary rulings is central to the judicial architecture of the EU. National courts of final resort have a duty to refer to the CJEU when a decision on a question of EU law raised is necessary for the resolution of the case before it. The exceptions to this duty are closely circumscribed. This article considers the interrelationship of the Advocate General and the Court of Justice in delineating the nature of this duty and the exceptions to it.

Original language	English (US)
Pages (from-to)	45-64
Number of pages	20
Journal	Journal of International and Comparative Law
Volume	9
Issue number	2
State	Published - Dec 2022

Keywords

acte clair
application
interpretation
judicial reasoning
preliminary rulings

ASJC Scopus subject areas

Law

Cite this

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PRELIMINARY RULINGS AND ACTE CLAIR: NATIONAL COURTS, ADVOCATE GENERAL AND CJEU

Abstract

Keywords

ASJC Scopus subject areas

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