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ECJ Preliminary reference procedure? |
What role does the national CONSTITUTIONAL court of a Member State play in preliminary reference procedure in European Court of Justice? According to the Article 234 EC: "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 of Justice.'' If the constitutional court is required to rule on a case involving EU law then it would be required to refer the matter to the ECJ if there is no appeal or review of its decision under national law. |
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