Purpose of Article 234 Essay Example | Topics and Well Written Essays - 1750 words

Purpose of Article 234 - Essay Example (3) Where any such question is raised in a case pending 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. We can see that the European Court of Justice can only deliver preliminary rulings in certain circumstances and from a limited subset of organisations - namely courts and tribunals. Certain criteria must be fulfilled before a national court or tribunal can invoke Art 243. Closer examination of the provisions of the Art 234 leads us to ask the following questions: Article 249 makes it clear that a European Union Decision is 'binding in its entirety upon those to which it is addressed'. In this case the European Union Decision requires all member states to take necessary measures to ensure that pension schemes are equalised for male and female workers in order to eliminate any forms of discrimination based on gender. The Italian government has lead responsibility to make sure it is implemented. What is not clear on the facts before us is whether there is a question of Community law to be interpreted. The European Court of Justice will not hear any other matter. ... e the European Union Decision requires all member states to take necessary measures to ensure that pension schemes are equalised for male and female workers in order to eliminate any forms of discrimination based on gender. The Italian government has lead responsibility to make sure it is implemented. What is not clear on the facts before us is whether there is a question of Community law to be interpreted. The European Court of Justice will not hear any other matter. This is the only ground on which a national court or tribunal can request a preliminary ruling. If we refer back to Art 234(1) applicants must establish that they require a ruling which pertains to either the interpretation of the Treaty itself and or the interpretation and validity of an act by a European Community institution. With regard to Council statues, the statute itself must grant permission for preliminary hearings on the statue: Art 234(1) If there is no question of Community law to be interpreted then Maria will be denied her request for the Italian Medical Council to seek a preliminary ruling. The European Court of Justice has powers to neither interpret domestic law nor pass judgement on the compatibility of domestic law with European Community law: Van Gend en Loos (case 26/62). In Costa v ENEL (case 6/64) the European Court of Justice said: 'a decision should be given by the Court not upon the validity of an Italian law in relation to the Treaty, but only upon the interpretation of the above-mentioned [Treaty] Articles in the context of the points of law stated by the Giudice Conciliatore' The European Court of Justice also has no jurisdiction to rule on the application of Community law by national courts. Further it cannot invite national courts to refer matters to it: De