Ow does the preliminary ruling procedure for the European Court of Justice work?
Exam Essay Model Answer:
Module: EU Law
Exam Model Answer: How does the preliminary ruling procedure for the European Court of Justice work?
As this is a model exam answer, you will have to provide the basics to show first a level of understanding and then attempt the answer the question.
In the introduction you must start with the basics about the European Court of Justice.
Then in you main body you will attempt to answer the question. Start with the ECJ methods of interpretation some analysis of the methods like the theologicala¦etc, then just mention the different ECJ procedures, and then attempt to answer the question about the Preliminary ruling procedures. What are these procedures, Court of Justices jurisdiction and the purpose of Article 267 of the TFEU,The scheme of Article 267, Discretion to refer: What can be referred?, Who can refer?, Obligation to Refer, Relevance, When can a highest court not refer? (Acte E I?clair I?e and Acte Clair Warning these are two different things), Previous ruling, cooperation between national courts and the Court of Justice?a¦
You must always reference and support your argument and you must explore all the possibilities.
As this is a law essay, Check VARIOUS important EU CASE LAW, EU Treaties and relevant law to the topic.
Your conclusion must be based on your argument.
Each paragraph must be adequately referenced with footnotes.
Whatever you do, answer the question. As this is a model exam essay you must first demonstrate an understanding of the basic elements and then answer the question.
1) Write only what is relevant to the question
2) Write only what is important
3) Conditional (Explore all the possibilities) Can your argument go more than one way? (If it is thisa¦. then is thisa¦ However, if it is thata¦ then is thata¦)
4) Support everything that you are saying by evidence and authority
5) Conclusion based on arguments and arguments based on evidence.
Show evidence of reading using authorities: cases, quotes, textbooks, case law, statute, Practitioners books, materials for other law areas relevanta¦
Referencing Style: OSCOLA Footnotes
Language style: English UK (terms and terminology must also be english-UK)
Minimum referencing Sources: 13 (Case Law and Treaties Statutes are excluded and must be additional to that) At least 5 of this must be relevant Journal Articles and the other must be EU law books.
The statutes and cases that will be used must be properly referenced with their citations, dates and articles, sections, subsections.
Please include an adequate bibliography/references list at the end of the essay and use OSCOLA for writing the bibliography.
Please note that in the reference list you will need to add only the sources that you have used in the footnotes.
Criteria that must be met:
A comprehensive and detailed knowledge of major concepts and theories with evidence of a clear understanding of the limits of knowledge. Critical analysis and a convincing argument provide evidence of a thorough awareness of the pertinent issues relevant to the study. A wide range of the appropriate literature is used effectively. Learning outcomes achieved.
Please note that as this is an exam model answer, first you must establish the basics of the subject and then attempt to answer the question.
Please let me know if you require any further clarification.