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Preliminary Ruling under Article 234 ECQuestion 1EC legislation and the guinea pig legislation of the genus Phallus States were integrated by the European lodge Treaties . As such the national judgeships act in unanimity with residential area law and refer cases to the European Court of arbitrator . National judges play a key billet in go throughing union law in their segment States . The prior reference system thus enables the national motor hotels to comply with community law and primary(prenominal)tain cooperation with the European Court of Justice . nether this system the national courts refer cases for a previous impression to the ECJ , in accordance with the provisions of Article 234 ECArticle 234 EC contains the territorial requirements for a anterior reference . First , the referring institution has to be a court or tribunal of a extremity State . Second , the referral should be in respect of Community law s validity or interpretation and finally , the referring court or tribunal should determine whether at all there is a need to deliver a judgment , by the ECJ . In Bosman it was opined by the Advocate General Lenz that the ECJ can forswear to consider a preliminary ruling request , if such a request apparently bears no relation to the main actionThe European Court of Justice is an autonomous body that is sovereign of any Member State or institution of the European Union . The major function of the ECJ is to interpret the Community Treaties and Community law in accordance with the spirit of the EU , and to implement the EC law , throughout the EU . Therefore , the ECJ shoulders the obligation of uniformly applying the EC law in all Member States . It constitutes the judicial pillar of the EUWhile hearing cases , if a conflict arises amid the national legislation and the EC law , with regard to the employment of the Community law the national courts should non declare the EC law to be inapplicable .

It is the duty of the ECJ to resolve such situations through its case law . Article 234 EC contains the occasion to be adopted when national courts refer cases to the ECJ for a preliminary ruling . A wide range of jurisdictional requirements extradite to be met by the ECJ in to give a preliminary ruling . However , the ECJ can refuse to entertain a preliminary reference if it is satisfied that Community law is not invoked in these referred casesIn the Meilicke case , the issue was the right of shareholders to obtain culture from the company management , as per the provisions of Directive 77 /91 /EEC . The Directive requires certain safeguards to be implement by the Member States , so as to protect the interests of shareholders and others . The Member States have to act in accordance with the second dissever of Article 58 of the EC Treaty . The national court referred the case to the ECJ on the compatibility of the German Aktiengesetz with the Directive with regard to the handle of forming public limited liability companies , their maintenance and changes in their...If you indispensability to get a full essay, order it on our website: Orderessay

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