Led by Hugo Grotius Simulacrum
When must a national court refer a question to the ECJ — and what happens when a member state fails to give effect to EU law? The module covers prelim
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Led by Hugo Grotius Simulacrum
The question
When must a national court refer a question to the ECJ — and what happens when a member state fails to give effect to EU law? The module covers preliminary references under Art 267 TFEU, the concept of a tribunal, acte clair (CILFIT) and acte éclairé (da Costa), interim relief and the Foto Frost limitation, and state liability from Francovich through Factortame III to Köbler.
Outcome
The student can explain the preliminary reference procedure, the concepts of acte clair and acte éclairé, the criteria for interim relief, and the Francovich principle of state liability — and can app... (EU Law in National Legal Systems)
Sub-units