Post by account_disabled on Jan 2, 2024 6:27:42 GMT -5
Arespect it is indispensable for the referring court to set out all the relevant elements in fact and in law which lead it to consider that the provisions of Union law are likely to apply in the case. . As regards the preliminary references which refer to the interpretation of the Charter of Fundamental Rights of the European Union it is important to remember that pursuant to Article thereof the provisions of the Charter are addressed to the Member States only if they put in application the law of the Union.
Although the assumptions of such an implementation may be diverse it is Country Email List nevertheless necessary that it emerges clearly and unequivocally from the request for a preliminary ruling that a rule of Union law other than the charter is applicable to the main case. Since the Court is not competent to rule on a request for a preliminary ruling when a legal situation does not fall within the scope of Union law the provisions of the charter possibly invoked by the referring court cannot in themselves constitute the basis of this jurisdiction.
Finally although in order to give its decision it necessarily takes into account the legal and factual framework of the main dispute as defined by the referring court in its request for a preliminary ruling the Court does not itself apply EU law in this dispute. When ruling on the interpretation or validity of Union law the Court tries to provide a useful answer for the resolution of the main dispute but it is the referring court that has the task of deducing the concrete consequences from the Courts answer removing if necessary the application national rule considered incompatible with Union law. The right time to make a preliminary submission . A national court may address a request for a preliminary in order to resolve the case before it a decision on the.
Although the assumptions of such an implementation may be diverse it is Country Email List nevertheless necessary that it emerges clearly and unequivocally from the request for a preliminary ruling that a rule of Union law other than the charter is applicable to the main case. Since the Court is not competent to rule on a request for a preliminary ruling when a legal situation does not fall within the scope of Union law the provisions of the charter possibly invoked by the referring court cannot in themselves constitute the basis of this jurisdiction.
Finally although in order to give its decision it necessarily takes into account the legal and factual framework of the main dispute as defined by the referring court in its request for a preliminary ruling the Court does not itself apply EU law in this dispute. When ruling on the interpretation or validity of Union law the Court tries to provide a useful answer for the resolution of the main dispute but it is the referring court that has the task of deducing the concrete consequences from the Courts answer removing if necessary the application national rule considered incompatible with Union law. The right time to make a preliminary submission . A national court may address a request for a preliminary in order to resolve the case before it a decision on the.