“The preliminary reference procedure is central to the development of EU law, but its role has at times been constrained by the CJEU and national courts’ reluctance to engage with it.” The Preliminary Referencing Procedure: An Insight into its Functioning and Constraints Considered by some to be “by far the most important aspect of the judicial system of the [EU] community” , Article 267 of the Treaty on the Functioning of the European Union (TFEU) and the preliminary reference procedure has been the central mechanism to the development of the freedoms and general principles which embodies community law. This mechanism was established by the EU in order to prevent inconsistencies, or divergences, in the application of EU law across all member states. Although a highly distinguished feature of the EU judicial system, Art 267 TFEU and the preliminary referencing procedure do not exist without critique. This piece will endeavour not only to explore the functioning of, and the significant …show more content…
However, in cases which have reached the courts of last instance, the court then must refer a question of interpretation to the CJEU, unless the answer to such question is “so obvious as to leave no scope for any reasonable doubt”. This is a discretion allowed to courts of last instance by Article 267 itself. However, this discretion does not come without consequence, as provided by Francovich, where it was established that should a domestic court, following a refusal to refer under Article 267(3), miss the point of an EU legal provision and resultantly undertake incorrect application of such, the domestic court shall be held