Discretion Granted to National Courts in Relation to the EU Legal Essay

Discretion Granted to National Courts in Relation to the EU Legal Order - Essay Example The body that was named as the European Court of Justice (ECJ) that enables the national courts to refer to it. The preliminary reference procedure has been essential in designing the fundamental principles of the national legal system, the unity of the member countries, and the development and maintenance of the national laws. In Article 234, the Court has the powers to give preliminary rulings in a request from the national courts. The preliminary rulings might be about the interpretation of the Treaty, the legality and the interpretation of the actions of the member countries and the European Central Bank. The national courts have therefore a vital role to play in the administration and how the community law is implemented. However, the European Union Treaty does not precisely define â€Å"the national court or tribunal†. Nevertheless, it is vital to know that the national laws of the member states do not depend upon the definition of the tribunal or national courts by the European Court of Justice. The Court has the role to define the national laws of a given community. ... Moreover, different cases shall be looked upon in the preliminary ruling procedure (Arnull, 1989). The Right and Obligation to Refer Cases The case of Vaasen- Gobbel came up with the decision to define the national court in order to find a way to refer to the ECJ. The case was held by stating that any body making a reference to the European Court of Justice must satisfy a number of criteria: It first need to be established by law, must have a permanent existence, it must be in a position to practice a lasting jurisdiction, must work under the rules of the Community law and its procedures and should apply the rule of law. The Court therefore had to extend the stated criteria to apply to the national courts so that they would be independent (Komarek, 2005). Several other cases including the De Coster Case, enabled the college which previously had the powers concerning the local tax proceedings and never operated on its own nor made its own decisions regarding the process later satisfie d the criteria to operate as an independent body. The De Coster and CLIFIT cases demonstrate the national courts that have the powers to give judgment in relation to article 234 of the European Court of Justice (Komarek, 2007). Even though the case regarding the definition of the court or tribunal that satisfies the previously defined criteria for an independent body is at times inconsistent and therefore provides a room for some critics to disagree on which bodies are to refer cases to the ECJ. However, in order to solve this problem of disagreements, the European Court is coming up with the preliminary reference procedure that would be used by all judicial bodies while they might be dealing with cases involving the Community law (Maher, 1994). On the facts of the case, the De Coster and