Questions for Discussion
Here are some discussion questions to assist You to understand, whether You already orient in the system of actions available at the CJEU:
A citizen of the EU wants to submit an application for annulment of a EU act, claiming that the act infringes the fundamental rights in the European Convention on Human Rights.
1. Which jurisdiction is directly applicable?
2. There still exists the possibility that a question concerning validity of a EU legal act arises in an internal court - if this is the case, what can the internal court do?
3. What the internal court cannot do?
4. Is the internal court obliged to refer a question for preliminary ruling to the CJEU?
5. Can the CJEU, in its turn, request a preliminary ruling from the ECtHR?
6. Can the CJEU base its judgment on the European Convention on Human Rights?
7. Can the CJEU base its judgment on the Charter of Fundamental Rights of the EU?
8. What happens, if the CJEU's preliminary ruling does not find an infringement of the European Convention on Human Rights, but an internal court is still of opinion that a EU act infringes internal constitutional norms?
9. Can the internal court, basing on Article 53 of the Charter of Fundamental Rights of the EU argue that Article 53 of the Charter of Fundamental Rights forbids restrictions on states' constitutions, and consequently declare the concerned EU act to be void?
10. Can the internal court, basing on Article 53 of the Charter of Fundamental Rights of the EU argue that Article 53 of the Charter of Fundamental Rights forbids restrictions on states' constitutions, and consequently declare inapplicability of that EU act?
11. Does a party to a case have the right to submit an appeal against a preliminary ruling of the CJEU?
12. Does a party to a case have the right to submit an appeal against a preliminary ruling of the CJEU if s/he is of opinion that the ruling infringes his / her constitutional rights?