The concept of national court: a concept under constant review
DOI:
https://doi.org/10.18042/cepc/rdce.66.11Abstract
The concept of ‘national court’ remains a notion under constant review. The Court has stressed again that the independence of national courts and tribunal is essential to the proper working of the judicial cooperation system embodied by the preliminary ruling mechanism. In its judgment of 21 January 2020, the ECJ declared that the request for a preliminary ruling from the Tribunal Económico Administrativo Central is inadmissible. It is clear that the reasoning in the judgment of 21 March 2000, Gabalfrisa is unsatisfactory: The TEAC does not satisfy the requirements of independence necessary to constitute it as ‘a court or tribunal’ for the purposes of Article 267 TFEU.
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2020-08-11
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