LAW OF EUROPEAN UNION. Discuss, with references to relevant EC Treaty Essay

LAW OF EUROPEAN UNION. Discuss, with reference books to relevant EC Treaty provisions and decided cases, whether or not a reference should be made in this case, and - Essay ExampleArticle 234 of the EC Treaty provides a mechanism by which citiziens and bodies within the European Community whitethorn obtain clarification of Community law. In a typical case a question is referred to the European Court of Justice and the general puropose of Article 234 is to train that all laws within the European Community equally reflect Community law. In general Article 234 provides that the European Court of Justice will acquire the authority to give preliminary rulings1 with respect toArticle 234 goes on to provide that when such a question is raised earlier any court of judicial system of a Member State,3that court or tribunal may if it deems it necessary for the purpose of ruling in the matter before it, request a ruling from the ECJ.4 MoreoverWhere any such question is raised in a case pen ding before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.5The result of Article 234 is the development and application of Community law. Principlay Article 234, the ECJ by deciding cases by way of references it rules on points of law and does not ride as an appellate court. In Foglia v Novella 1980) ECR 745 the ECJ ruled that it would only determine references arising out of genuine disputes and refused to accept a reference where a clause was inserted into a contract solely for the purpose of creating a legal challenge.6In the case of Melicke v ADV/ORGA AG 1992 ECR I-4871 the ECJ refused a refence because it lacked specificity in the sense that the court was mandatory to rule on a hypotheical bases. The ECJ ruled that it could not decide on the disputer because it did not haveThe first issue for Jane is whether or not the Social help Adjudica tor presiding over Janes complaint is a proper body under