Acte Clair

	Acte Clair ''Acte clair'' is a doctrine of European Union law, which states that if a judgment or rule of law is clear enough, then a member state has no duty to refer a question for preliminary ruling to the Court of Justice of the European Union The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembour .... The ''acte clair'' doctrine originated in the judgment of the Court of Justice in '' Srl CILFIT v Ministry of Health'' (1982), from which developed what has been termed the 'CILFIT criteria'. Though it had initially been believed that the Court of Justice would be strict as to its application, scholarly papers claim that CILFIT criteria, although often quoted in judgments and doctrine, have been applied neither consistently nor truly rigidly by the Court. Instead, a more flexible approach to ''acte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
picture info	European Union Law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated discu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	Preliminary Ruling A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law that is given in response to a request (preliminary reference) from a court or a tribunal of a member state. A preliminary ruling is a final determination of European Union law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling. Preliminary rulings are issued by the ECJ. The Treaty of Lisbon provides that jurisdiction may be delegated to the General Court, but that provision has yet to be put into effect. If, as in '' Factortame'', the ECJ holds that a member state's legislation conflicts with EU law, the member state is required to "disapply" such law, but the ECJ may not amend the member state's legislation itself. Preliminary rulings make up the bulk of business in the Court of Justice of the European Union since few persons have ''locus standi'' to litigate in the Luxembourg court. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	Court Of Justice Of The European Union The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the European Court of Justice, Court of Justice and the General Court (European Union), General Court. From 2005 to 2016 it also contained the European Union Civil Service Tribunal, Civil Service Tribunal. It has a ''sui generis'' court system, meaning ’of its own kind’, and is a supranational institution. The CJEU is the chief judicial authority of the European Union and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	Srl CILFIT V Ministry Of Health ''Srl CILFIT v Ministry of Health'' (1982Case 283/81is an EU law case, concerning preliminary references to the Court of Justice of the European Union. Facts CILFIT, a wool importer, contested the amount it had paid by way of fixed health inspection levy. Appeals by CILFIT were denied, and the case reached the Court of Cassation. In the Court of Cassation, the Ministry of Health argued that the factual circumstances of the case were so obvious as to rule out any other possible interpretation, so there would not be a need for a preliminary ruling. The Court of Cassation then referred the case to Court of Justice. Judgment The Court of Justice held that a national court of last instance is under no obligation to refer when the issue is acte clair or when the ECJ has already ruled on the question of interpretation referred by the national court. It said there is no need to refer if there is already a judgment, and continued. Significance CILFIT case is famous for two things: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]