|
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, made at the request of a court or tribunal of a European Union member state. Preliminary rulings are final determinations of Union law in question by the EU courts. The final decision remains with the referring court to be decided after it received the preliminary ruling. European Union Preliminary rulings can only be made by the European Court of Justice. The Treaty of Lisbon provided that jurisdiction may be conferred on the General Court but this has not been put into effect. ==Procedure== A request (or reference) for a preliminary ruling is made by submitting questions to the ECJ for resolution. However, questions are not answered in abstraction, but rather are submitted together with the circumstances leading up to their being asked. Thus, whilst the ECJ is limited to deciding the law in question, the ECJ's ruling frequently leaves little room to rule other than in a certain way. The ECJ may also decline to give judgement in the absence of a genuine dispute.〔(Case 244/80, Pasquale Foglia v. Mariella Novello paragraph 18. )〕 Article 267 of the Treaty on the Functioning of the European Union states the following: :''"The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning: ::(a) the interpretation of the Treaties; ::(b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union; :Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court to give a ruling thereon. :Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court. :If such a question is raised in a case pending before a court or tribunal of a Member State with regard to a person in custody, the Court of Justice of the European Union shall act with the minimum of delay."'' 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Preliminary ruling」の詳細全文を読む スポンサード リンク
|