法律英语词汇“preliminary ruling”的翻译、意思、用法、释义-法律词典

单词

preliminary ruling

释义

preliminary ruling

preliminary ruling a ruling of the COURT OF JUSTICE in European law. The jurisdiction to make such a ruling arises in cases that have not come before the court itself but have arisen in the court of proceed- ings in national courts. Because COMMUNITY LAW is law in the MEMBER STATES, it is necessary that it is not distorted across the Community by uneven interpretation by national courts. A study of the earlier judgments of national courts confirms the tendency of the national courts to take a local view of Community law. Under Article 177, a national tribunal may request a ruling each and any time it consid- ers that it requires an answer to the interpretation of Community law. If there is no appeal the court must request a ruling. The applic- ability and interpretation of the conditions for a reference have now been settled in the UK: see Bulmer v. Bollinger [1974] 1 Ch. 401; Com- missioners of Customs and Excise v. Samex [1983] 1 All ER 1042. The UK courts recognise the existence of the doctrine of acte claire, which is the doctrine that allows a national court to apply its own interpreta- tion of Community law rather than request a preliminary ruling. The Court of Justice has made it plain that the interpretation must be so obvious as to leave no scope for any reasonable doubt: see CILFIT v. Ministero della Sanità [1983] 1 CMLR 472; Garland v. British Rail [1983] 2 AC 751. In relation to matters of primary law, for example the

305

pre-nuptual agreement

treaties, the court may rule only on interpretation; in respect of sec- ondary law, like regulations, the court can also rule on validity. Once the court has ruled, the case is returned to the national court to apply as appropriate.

随便看

法律词典收录了2351条英汉双解法律词条，基本涵盖了常用法律英语单词及短语词组的翻译及用法，是法律学习的有利工具。