STEP 3: Courts which must refer and courts which may refer (Mandatory/permissive jurisdiction)
3 important questions on STEP 3: Courts which must refer and courts which may refer (Mandatory/permissive jurisdiction)
Are courts of mandatory jurisdiction subject to appeal?
No, mandatory courts are not subject to appeal
How are courts of mandatory jurisdiction described under Article 267 and explain how the case of Costa v ENEL develops this definition.
'against whose decision there is no judicial remedy under national law' (Article 267(3)). Costa v ENEL confirmed this as the highest court for that case. Here, there was no further right of appeal to any higher Italian court beyond the Italian magistrates' court (which was the court of last resort) due to the small amount of money in dispute.
Explain the ECJ's added requirement for national courts who refuse to refer and whether national courts must give reasons for not referring by explaining which CILFIT criterion applies.
The ECJ also added a requirement that national courts must give reasons for not referring, namely they must state which CILFIT criterion applies.
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