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article 234 of the Treaty of Rome
multiple choice..
Article 234 of the T of R provides that:
a) EU can only be used in the ECJ
b) the ECJ is an appeal court for difficult cases in national law
c) The ECJ can hear references about the meaning of EU law from national courts
???
Article 234 of the T of R provides that:
a) EU can only be used in the ECJ
b) the ECJ is an appeal court for difficult cases in national law
c) The ECJ can hear references about the meaning of EU law from national courts
???
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Article 177 of the EC Treaty (since 1 May 1999 renumbered 234 EC)...
http://www.hri.org/docs/Rome57/Part5Title1.htm l#Art177
http://www.hri.org/docs/Rome57/Part5Title1.htm l#Art177
Not sure I'm a competent person to comment on this (though I did get a decent pass - miraculously!). I hated EC Law - very dry subject!
Thanks to Kempie, I'd say it's 'C'. But the question isn't drafted very well.
I think 'A' is wrong because EU/EC law can and often is directly effective (direct effect) with UK Courts.
'B' is partly right - the ECJ 'can' be an appeals court, but does not have to be, and often isn't.
'C' is most right. The ECJ is often used to comment on not so much the 'meaning' of a UK statute, but it's compatibility and meaning of the statute within the context of EU/EC Law - and the parties to a dispute can request an ECJ hearing before a lower court (including the CA , CoS, or HOL), before that lower court makes their ruling. So, I'm pretty confident that 'C' is correct.
Thanks to Kempie, I'd say it's 'C'. But the question isn't drafted very well.
I think 'A' is wrong because EU/EC law can and often is directly effective (direct effect) with UK Courts.
'B' is partly right - the ECJ 'can' be an appeals court, but does not have to be, and often isn't.
'C' is most right. The ECJ is often used to comment on not so much the 'meaning' of a UK statute, but it's compatibility and meaning of the statute within the context of EU/EC Law - and the parties to a dispute can request an ECJ hearing before a lower court (including the CA , CoS, or HOL), before that lower court makes their ruling. So, I'm pretty confident that 'C' is correct.
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