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2 Vienna Online J. on Int'l Const. L. 294 (2008)
The European Court of Justice as Lawful Judge

handle is hein.journals/vioincl2 and id is 291 raw text is: * CONSTITUTIONAL DEVELOPMENTS IN AUSTRIA Tanja Marktler The European Court of Justice as lawful Judge Austrian Constitutional Court Judgement from December 11th, 1995 VfSIg. 14.390 1. Preliminary Reference Procedure under Article 234 EC a. The Regulation As supremacy' and direct effect characterise European Community law,2 many questions concerning its validity and interpretation arise in the Member States. Who adjudicates those questions? Courts at the European level, national (constitutional) courts or both? The preliminary reference procedure under Article 234 EC3 answers this question of competencies.4 Article 234 EC can be qualified as a procedural link between the national courts and the European Court of Justice (ECJ); it provides that The Court of Justice shall have jurisdiction to give preliminary rulings concerning: (a) the interpretation of this Treaty; (b) the validity and interpretation of acts of the institutions of the Community and of the ECB; (c) the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide. 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 of Justice to give a ruling thereon. 1 Cf. Korinek, Die doppelte Bedingtheit von gemeinschaftsrechts-ausf0hrenden innerstaatlichen Rechtsvorschriften, in Hammer/Somek/Stelzer/Weichselbaum (eds.), Demokratie und sozialer Rechtsstaat in Europa - Festschrift fOr Theo Ohlinger (2004) 131. 2 See Posch, Community law and Austrian constitutional law, in this issue. 3 Treaty establishing the European Community (consolidated text), OJ 2002 C 325/33. 4 Cf. Ipsen, Europiisches Gemeinschaftsrecht (1972) paras. 10/22-26; for detailed information on the preliminary ruling procedure see Oppermann, Europarecht3 (2005) § 9 paras. 53 et seq; Streinz, Europarecht7 (2005) paras. 630 et seq; Thun-Hohenstein/Cede/Hafner, Europarecht5 (2005) 214 et seq. www*il-ioun4/2008Vo 2 9 4/2008, 294

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