European Law assessment Essay Example | Topics and Well Written Essays - 2000 words

European Law assessment - Essay ExampleEssentially, if the national court has both real doubtsit should ordinarily refer.1Sir Binghams comment is far too close to the duty obligate on the courts of final appeal. As determined by the ECJ in Srl CILFIT and Lanificio di Garvardo SpA v Ministry under phrase 234 (now Article 267), a court of final appeal is required to refer to the ECJ unless the issue of Community law of nature arising at the trial is ir pertinent or had already been determined by the ECJ or the resolution is obvious.2 In other words, the court of final appeal is required to make a reference to the ECJ where there is a real doubt pertaining to an issue of Community law.The use of the word may in Article 267 is scantily coincidental. It could only mean that under Article 267, national courts do not have a mandatory obligation to refer questions of Community law to the ECJ.4 The duty to refer preliminary questions on the interpretation and practical application of Community law is only mandatory when a court of final appeal is hearing the relevant case and remedies at the national level have been exhausted.5However, when Sir Binghams ruling is considered together with the wider objectives of Article 267, his interpretation of Article 267 is entirely compatible with Article 267. The provision of preliminary references under Article 267 of TFEU is often characterized as the main procedural nexus for interrelateing national courts with the ECJ within the Communitys legal framework.6 It makes the procedural link between national courts and the ECJ by providing a method by which member states integrate their legal systems in that national courts can ensure that Community law argon enforced throughout the Community.7There are essentially two primary goals enshrined in Article 267 of TFEU. Firstly, the preliminary reference procedure within the eye socket of Article 267 is aimed at preserving national courts independence. Secondly, it is aimed at facilitating consistency,