The Concept of “a Court or Tribunal of a Member State” within the Meaning of Article 267 TFEU (article in Lithuanian)

Deimilė Prapiestytė

Abstract


The aim of the present article is to analyse the concept of a “court or tribunal” and its meaning within the preliminary ruling procedure of Article 267 of the Treaty on the Functioning of the European Union. The article analyses the jurisprudence of the European Court of Justice which defines the main criteria on establishing whether a body of a Member State requesting a preliminary ruling is deemed to be “a court or tribunal” in the preliminary ruling procedure. The first part of the article focuses on the requirement of Article 267 TFEU, according to which only “a court or tribunal of a Member State” may request the Court of Justice to give a preliminary ruling. The article contains examples of the jurisprudence of the Court of Justice recognising the overseas “countries and territories” “courts” and “a court common to a number of Member States” as courts under Article 267 TFEU. It also addresses some of the most recent decisions of the Court of Justice concerning the “right of the courts” to initiate a procedure of preliminary ruling.

Keywords


Court of Justice of the European Union; Article 267 of the Treaty on the Functioning of the European Union; the preliminary ruling procedure; court or tribunal

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236