A court or tribunal within the meaning of Article 234 of the Treaty: the Court's jurisprudence from Vaassen (née Göbbels) to Syfait
(2005)Department of Law
- Abstract
- The thesis you are about to read concerns the expression ''court or tribunal of a Member State'' contained within Article 234 of the Treaty. While the Article is silent as to what is to define such a body, the European Court of Justice has ruled that it is for the Court to rule upon which bodies constitute a court or tribunal for the purposes of making a preliminary ruling reference. Hence, the Court has, since the early days of the Community, established and refined certain criteria it can take into account when making such a judgement. As in all aspects of law, the ECJ's jurisprudence on the matter is not without its fair share of controversy. There are many, and I am one of them, that have accused the Court of being lax regarding a... (More)
- The thesis you are about to read concerns the expression ''court or tribunal of a Member State'' contained within Article 234 of the Treaty. While the Article is silent as to what is to define such a body, the European Court of Justice has ruled that it is for the Court to rule upon which bodies constitute a court or tribunal for the purposes of making a preliminary ruling reference. Hence, the Court has, since the early days of the Community, established and refined certain criteria it can take into account when making such a judgement. As in all aspects of law, the ECJ's jurisprudence on the matter is not without its fair share of controversy. There are many, and I am one of them, that have accused the Court of being lax regarding a strict interpretation of the criteria it some decades ago held so dear. Moreover, the Court's liberal attitude comes to blaring light in the Opinion of Advocate General Jacobs in Case C-53/03 Syfait, in which he opted to allow a reference from a national competition authority with certain judicial characteristics. While an Opinion of an Advocate General is not binding upon the ECJ, the potential implications of Syfait, following a positive ruling by the Court, are important to consider. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1560047
- author
- Maldoon, Timothy
- supervisor
- organization
- year
- 2005
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- EG-rätt
- language
- English
- id
- 1560047
- date added to LUP
- 2010-03-08 15:55:24
- date last changed
- 2010-03-08 15:55:24
@misc{1560047,
abstract = {{The thesis you are about to read concerns the expression ''court or tribunal of a Member State'' contained within Article 234 of the Treaty. While the Article is silent as to what is to define such a body, the European Court of Justice has ruled that it is for the Court to rule upon which bodies constitute a court or tribunal for the purposes of making a preliminary ruling reference. Hence, the Court has, since the early days of the Community, established and refined certain criteria it can take into account when making such a judgement. As in all aspects of law, the ECJ's jurisprudence on the matter is not without its fair share of controversy. There are many, and I am one of them, that have accused the Court of being lax regarding a strict interpretation of the criteria it some decades ago held so dear. Moreover, the Court's liberal attitude comes to blaring light in the Opinion of Advocate General Jacobs in Case C-53/03 Syfait, in which he opted to allow a reference from a national competition authority with certain judicial characteristics. While an Opinion of an Advocate General is not binding upon the ECJ, the potential implications of Syfait, following a positive ruling by the Court, are important to consider.}},
author = {{Maldoon, Timothy}},
language = {{eng}},
note = {{Student Paper}},
title = {{A court or tribunal within the meaning of Article 234 of the Treaty: the Court's jurisprudence from Vaassen (née Göbbels) to Syfait}},
year = {{2005}},
}