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Question: “The preliminary reference procedure, under Art 267 TFEU, is a vital part of ensuring the uniform application of the EU law across the Member States, but the doctrine of Acte Clair is a real threat to that uniformity”.

Critically discuss.

Mark 87.5% (A) - EU Law 2nd Year LLB

Answer: The preliminary reference procedure has been hailed as ‘the jewel in the Crown’ of the jurisdiction of the Court of Justice of the European Union (hereinafter CJEU or ‘the Court’). Article 267 of the Treaty on the Functioning of the European Union (hereinafter TFEU), enables the Court to give preliminary rulings on the interpretation of the Treaties and the validity and interpretations of acts of European bodies and institutions. This procedure has been essential in the uniform development of EU law across Member States, although it is not without its shortcomings. Nevertheless, these do not detract from the procedure’s importance in the attainment of uniformity. Moreover, the introduction of the Acte Clair doctrine in CILFIT poses a major threat to the uniform application of E......(short extract)

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Details: - Mark: 88% | Course: European Union Law | Year: 2nd/3rd | Words: 2492 | References: Yes | Date written: March, 2016 | Date submitted: November 17, 2017 | Coursework ID: 1035

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