Article 267 Of The CJEU Essay

In this essay I seek to examine the nature of the relationship between the national courts and the Court of Justice of the European Union (CJEU) under Article 267 of the TFEU. The level of cooperation between both the CJEU and the national courts under the preliminary reference procedure has been an area of discussion with an array of views. In theory the relationship between both the courts is said to be a horizontal partnership, with the CJEU merely providing assistance to national judges however the reality of this is varies. If after examining their partnership we discover that it leans to a more hierarchical relationship we then must investigate how the CJEU shifted from a cooperative horizontal partnership to position as a superior court.

The preliminary ruling systems ensures oneness of EU law throughout member states and aids national courts when needing clarity on situations on Community law. Under this article the CJEU has jurisdiction to give preliminary ruling on questions of validity and interpretation of EU law at the request of national courts. The preliminary ruling procedure is open to all Member States’ national judges and facilitates ‘direct cooperation’ (Slob [2006]: 34) between the CJEU and the national courts. The purpose of the procedure is ‘to prevent the occurrence within the community of divergences in judicial designs on questions of Community Law,’ ensuring uniformity in application of EU law within national courts and all EU member states. Contrary to its initial conception Article 267 is not an appeals procedure, as it gives no verdict to member states behaviour but merely an interpretation of EU law, leaving it open for national courts to decide. Altogether Article 267 on the preliminary rulings procedure has assisted the court in establishing the fundamental principles of EU law such as supremacy, direct and indirect effect and member state