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From course:

EU Recht (Week 2)

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Question:

Does a national court need to refer to the ECJ with preliminary questions?

Author: Bas Dubbelman



Answer:

Two provisions: 1. Expansion obligation (all national courts are under an obligation to refer when they are in doubt about the validity of a Union act, judicial federalism) 2. Limits obligation (acte clair, when the answer is clear how to act, a national court need not to ask a preliminary question)


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