PRELIMINARY RULINGS IN INTERNAL AFFAIRS: A FRAMEWORK FOR ANALYSIS
PRELIMINARY RULINGS IN INTERNAL AFFAIRS: A FRAMEWORK FOR ANALYSIS

Summary/Abstract: Article 234 of the EC Treaty covers a reference-based preliminary ruling procedure which is the principal procedural link between the European Court of Justice and Member States' courts within the Community legal system. Under this provision, the Court has jurisdiction to give preliminary rulings on the validity or interpretation of certain Community rules which the referring national court seeks to apply in the main proceedings. However, there are disputes before domestic courts to which national legislations make Community measures more or less applicable, but otherwise falling outside the scope of Community law (purely internal situations). In these cases the effects of Community law are extended by force of national law beyond the reach envisaged by the Community legislation itself. The wording of Article 234 EC leaves open the question of whether or not the Court may give preliminary rulings in such disputes on the interpretation of the Community measures that are indirectly applicable only on the basis of non-Community rules.

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