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The Supreme Court Of Denrovia

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The general position on when references for preliminary rulings are to be made is governed by Art 267 TFEU.Under this provision,‘a court…of a Member State against whose decisions there is no judicial remedy under national law’ must refer a matter of interpretation of European Union(EU) law to the CJEU for a preliminary ruling where a decision on that matter ‘is necessary to enable it to give judgment’ in the case before it.The Constitutional Court of Denrovia(CC) is a court against whose decisions there is no judicial remedy under national law.It seems the first reference asked the CJEU to interpret Art 47 CFREU to determine whether there would be a violation of that article if Jerry(J) were to be surrendered to Franconia under the EAW.It…show more content…
However,there is no obligation to refer in three situations noted in Case 283/81 CILFIT.The first situation is where the answer to the question referred cannot affect the outcome of the case.As has been explained,in the present scenario,the preliminary ruling is necessary for judgment in the case.The second situation is where previous decisions of the CJEU have dealt with the point of law now raised.In relation to this situation,the CJEU has just ruled on the matter in the present scenario in the first reference but new evidence has since surfaced.If that new evidence is immaterial to the issue of whether there would be a violation of Art 47 CFREU,this scenario is identical to the second situation and there is no obligation to refer.But it is more likely that the new evidence is of significance since the CC has relied on it in concluding that J would not receive a fair trial in Franconia.In that case,it cannot be reasonably asserted that the CJEU has already dealt with the matter.Therefore,the general obligation to refer would be unaffected.The third situation is where the correct application of EU law is so obvious as to leave no scope for
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