Abstract

This chapter examines the relationship between the Court of Justice (CJ) and the national courts in the context of the preliminary rulings procedure provided by Article 267 of the Treaty on the Functioning of the European Union (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 analysis reveals that the CJ has rarely refused its jurisdiction or 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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