Abstract
This chapter examines the relationship between the Court of Justice (CJ) and the national courts in the context of the preliminary ruling procedure provided by Article 267 of the Treaty on the Functioning of the European Union (TFEU). The chapter focuses on the text of Article 267 TFEU. It analyses the extent to which national courts are willing and able to gain access to the CJ in order to resolve the questions of European Union (EU) law before them. The chapter also explains the concept of acte clair. The analysis reveals that the CJ has rarely refused its jurisdiction and has interpreted broadly the term ‘court or tribunal’. The CJ has also rarely attempted to interfere with national courts’ discretion in matters of referral and application of EU law, while national courts have generally been ready to refer cases to the CJ.
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