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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
PART-III
: THE POLICIES AND FUNCTIONING OF THE UNION
TITLE-VI
: THE FUNCTIONING OF THE UNION
CHAPTER-I
: PROVISIONS GOVERNING THE INSTITUTIONS
SECTION-1
: THE INSTITUTIONS
SUBSECTION-5
: The Court of Justice of the European Union
ARTICLE III-369
ARTICLE III-369
The
Court of Justice
of the
European Union
shall have
jurisdiction
to give
preliminary rulings
concerning
:
(a)
the
interpretation
of the
Constitution
;
(b)
the
validity
and
interpretation
of
acts
of the
institutions
,
bodies
,
offices
and
agencies
of the
Union
.
Where such a
question
is raised before any
court
or
tribunal
of a
Member State
, that
court
or
tribunal
may, if it considers that a
decision
on the
question
is necessary to enable it to give
judgment
,
request
the
Court
to give a ruling thereon.
Where any such
question
is raised in a
case
pending before a
court
or
tribunal
of a
Member State
against whose
decisions
there is no
judicial remedy
under
national law
, that
court
or
tribunal
shall bring the matter before the
Court
.
If such a
question
is raised in a
case
pending before a
court
or
tribunal
of a
Member State
with
regard
to a
person
in
custody
, the
Court
shall
act
with the
minimum
of
delay
.
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Referred by:
ARTICLE III-358