Court Actions Flashcards
(49 cards)
Pending direct actions in court of justice after brexit
After transition period any pending causes (including appeals) fall within jurisdiction of CJEU until complete
New direct actions in CJEU after brexit
If commission wants to bring proceedings against U.K. for action or inaction during transition period it must do so within 4 years
What can the CofJ deliver preliminary rulings on
Validity and interpretation of EU law
Actions of institutions, bodies, officers or agencies of EU
Things outside jurisdiction of C of J
Rule of application of EU law
Interpretation of national law
Compatibility of national law with EU law
When can a national court refer a question to C of J
Whenever they think it necessary to enable it to give judgement
Discretion to refer
Any court can refer a question to C of J when it thinks a decision on EU law is needed to enable it to give judgement
Obligation to refer
If a question of EU a law is raised before a national court of last resort / no chance of appeal then they must refer it to C of J
What preliminary questions will C of J decline to answer
Hypothetical
Irrelevant or
No genuine dispute
National court didn’t give sufficient info
Can a national court refer a question to C of J even if they have ruled on a similar matter before or a superior national court have already ruled on the point
Yes
Once the C of J has given a preliminary ruling can the national court depart from it in future cases
Yes if different facts
Who is bound by C of J preliminary rulings
All national courts of EU MS
Can a lower court decide not to exercise its discretion to refer
Yes even if the question is necessary to reach judgement - it can reach its own conclusion on the question of EU law
When does a national court NOT need to make a referral for a preliminary ruling
Question of EU law not relevant
c of J previously ruled on the point
Interpretation so obvious there’s no reasonable doubt
Can still refer anyway if the national court thinks it appropriate
What is a reference of validity
If national courts decision depends on validity of EU measure it must make referred to C of J to
Can national courts declare EU law invalid
No
But can grant interim relief by temp suspension of national measure
What if a national court doesn’t meet its obligation to refer a question to C of J
State liability in damages arises
Preliminary rulings to C of J after brexit
U.K. courts can make referrals on the meaning of any aspect of part 2 of the withdrawal agreement for 8 years beyond transition period
Who can bring an enforcement action against a MS in breach of treaty obligations
Commission or MS
Process for commission to bring enforcement action against MS in breach of treaty obligation
Raise informally Letter of notice setting out suspicions MS has reasonable time to reply Negotiate - try to settle Reasoned opinion setting out grounds and deadline MS can submit observations C of J if not fixed by deadline
How does the commission discover the MS has breached a treaty obligation
Investigations, complaints from individuals or reports from MS
Can enforcement action be brought against a MS for failure to act
Yes a breach of a treaty obligation can be an act or a failure to act
Is the commission compelled to bring an enforcement action against an MS who breaches a treaty obligation
No - discretion to act but not a duty
Does a letter of notice and reasoned opinion have any binding force
No
Who is the defendant in an enforcement action
Always the MS gov regardless of which state agency breached the treaty ob
