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(p. 223) 6. Preliminary references 

(p. 223) 6. Preliminary references
Chapter:
(p. 223) 6. Preliminary references
Author(s):

Elspeth Berry

, Matthew J. Homewood

, and Barbara Bogusz

DOI:
10.1093/he/9780198790976.003.0006
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date: 18 October 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter considers the procedure whereby a national court may make a preliminary reference to the Court of Justice under Article 267 TFEU and receive a preliminary ruling on the questions which it has referred. The chapter examines the questions of law that may be referred to the Court of Justice; the criteria for the ‘court or tribunal’ which may make a reference; from which courts a reference is discretionary and from which it will be mandatory; references concerning the interpretation and validity of EU law; national courts’ decision-making process in preliminary references and the relevant guidelines and exceptions; procedures in the Court of Justice for dealing with preliminary references under Article 267 TFEU; and the effects of a preliminary ruling.

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