Question:
Does a national court need to refer to the ECJ with preliminary questions?
Author: Bas DubbelmanAnswer:
Two provisions: 1. Expansion obligation (all national courts are under an obligation to refer when they are in doubt about the validity of a Union act, judicial federalism) 2. Limits obligation (acte clair, when the answer is clear how to act, a national court need not to ask a preliminary question)
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