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Preliminary Ruling under Article 234 ECQuestion 1EC legislation and the expanse legislation of the element States were integrated by the European residential district Treaties . As such(prenominal) the national woos act in manakin with confederacy honor and refer cases to the European Court of decide . National judges play a key custom in put doneing community of interests fair play in their result States . The front reference system thus enables the national appeals to abide by with companionship law and primary(prenominal)tain cooperation with the European Court of Justice . down the stairs this system the national courts refer cases for a prelim cerebration to the ECJ , in accordance with the provisions of Article 234 ECArticle 234 EC contains the territorial requirements for a preceding reference . First , the referring refuge has to be a court or tribunal of a packet State . Second , the referral should be in respect of society law s validity or interpretation and fin entirelyy , the referring court or tribunal should determine whether at all on that point is a need to deliver a concept , by the ECJ . In Bosman it was opined by the Advocate General Lenz that the ECJ lot disdain to consider a preliminary ruling invite , if such a request apparently bears no congeneric to the main actionThe European Court of Justice is an autonomous soundbox that is self-sufficing of any Member State or institution of the European Union . The major function of the ECJ is to interpret the community Treaties and Community law in accordance with the spirit of the EU , and to implement the EC law , throughout the EU . whence , the ECJ shoulders the tariff of uniformly applying the EC law in all Member States . It constitutes the judicial pillar of the EUWhile hearing cases , if a co ntravention arises amongst the national leg! islation and the EC law , with regard to the example of the Community law the national courts should non declare the EC law to be inapplicable .

It is the duty of the ECJ to resolve such situations through its case law . Article 234 EC contains the surgical appertain on to be adopted when national courts refer cases to the ECJ for a preliminary ruling . A wide range of jurisdictional requirements do to be met by the ECJ in to give a preliminary ruling . However , the ECJ can refuse to bind a preliminary reference if it is satisfied that Community law is not invoked in these referred casesIn the Meilicke case , the issue was the right of shareholders to nurse culture from the compa ny management , as per the provisions of guiding 77 /91 /EEC . The directing requires certain safeguards to be enforced by the Member States , so as to encourage the interests of shareholders and others . The Member States have to act in accordance with the bit split up of Article 58 of the EC pact . The national court referred the case to the ECJ on the compatibility of the German Aktiengesetz with the Directive with regard to the process of forming public limited liability companies , their victuals and changes in their...If you expect to get a full essay, vagabond it on our website: OrderEssay.net

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