The role of the National Judge in the European Judicial System and the Procedures of the CJEU

The preliminary reference procedure is laid down in Article 19 (3) b) TEU and Article 267 TFEU. It aims to achieve a uniform interpretation of EU law by all domestic courts and to assist in the effective judicial protection of individuals. It relies on the co-operation between the national judge and the Court of Justice. (Cf. Joined Cases C 261/08 and C 348/08 Zurita García and Choque Cabrera [2009] ECR I 10143, paragraph 36; Case C-210/06 Cartesio [2008] ECR I-9641, paragraph 91.)

The object of the reference are questions regarding

1. the interpretation of primary EU law, that is the Treaties, Protocols and the Charter of Fundamental Rights and/or
2. the interpretation and/or validity of secondary EU law, that is Regulations, Directives, Decisions and International Agreements of the EU.
3. In contrast, the interpretation or validity of Domestic Law or of the International Agreements of the Member States is not a valid object for a reference.