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From course:

EU Recht (Week 2)

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Question:

Define the two competing views in regards to the preliminary ruling and its binding nature.

Author: Bas Dubbelman



Answer:

Common law view: PR are legal precedents that generally bind all national courts. Judgment of the ECJ are binding erga omnes. Civil law philosophy: ECJ judgments do not create new legal rules but only clarify old ones. In this light the judgments are not generally binding (declaratory theory)


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