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Article 234 of the EC Treaty.
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| Submitted: Tue Jun 01 2004
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Article 234 of the EC Treaty (ex Article 177) is; "based on cooperation which entails a division of duties between the national courts and the Court of Justice in the interests of the proper application and the uniform interpretation of Community Law throughout all the member States" (Case 244/780 Folgia v Novello (Number 2). Discuss There is a fundamental tension running through Article 234 between the cooperative relationship of the national courts and the ECJ and the need to promote legal certainty in Community Law. Traditionally, this tension was resolved by mutual respect between national and Community Courts. Two key developments have disrupted this balance. First, the decision of the Court of Justice in Folgia v Novello to refuse 'hypothetical references' has transformed the role of the ECJ into a supervisory, rather than cooperative, partner. Second, the development of the concept of 'acte clair' has introduced a more...
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