European law Essay Example | Topics and Well Written Essays - 2000 words

European police - Essay Examplerefers a question of EC law to the European Court of Justice (ECJ) for a preliminary ruling so as to enable the study mash, on receiving that ruling, to decide the case in the lead it. Questions of EC law will arise in cases before the courts of different Member States. The function of the preliminary annex procedure is to ensure uniform interpretation and hardship of EC law across all the Member States.It also said that the procedure is laid polish up in Article 234 EC Where such a question is raised before any court or administration of a Member State, that court may, if it considers that a decision on the question is required to enable it to give judgment, require the Court of Justice to give a ruling thereon. (European mental home for the improvement of Living and Working Conditions. 2005)On the other hand, preliminary ruling is defined as a particular(prenominal) type of action before the ECJ by which national courts ask the ECJ to inte rpret EU law or to decide on validity and direct effect of EU acts ECJ ruling is binding and not showcase to appeal. (GLOSSARY OF EUROPEAN UNION COMMONLY USED TERMS, no date)The reference procedure, therefore, is a creation of the treaty makers who argon the member states themselves. The fact that ECJ ruling would be binding and not subject to appeal as a result of the reference is itself a conferment of a strong power to the ECJ.To say therefore that the reference procedure has made the ECJ more than how it should function is to imply attribution of more powers than it was originally conferred under the treaty. (European Foundation for the Improvement of Living and Working Conditions, 2005)Alter said that ECJ started as fairly weak international tribunal from many of the problems faced by international courts. The court then, according to her, lacked cases to adjudicate and since no enforcement was in place, its decisions were not taken seriously.The author further said that the E CJ created a base of political leverage for