If You Love Somebody Set Them Free: On the Court of Justice's Revision of the Acte Clair Doctrine
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If You Love Somebody Set Them Free: On the Court of Justice's Revision of the Acte Clair Doctrine. / Broberg, Morten; Fenger, Niels.
In: Common Market Law Review, Vol. 59, No. 3, 01.06.2022, p. 711-738.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - If You Love Somebody Set Them Free: On the Court of Justice's Revision of the Acte Clair Doctrine
AU - Broberg, Morten
AU - Fenger, Niels
PY - 2022/6/1
Y1 - 2022/6/1
N2 - In its 2021 ruling in Consorzio, the European Court of Justice adopted a more pragmatic approach to its acte clair doctrine. This article analyses this reform and shows that in important respects the Court has eased the requirements for finding a question of EU law to be acte clair. Simultaneously, the Court has introduced a duty for national courts of last instance to give reasons where they are faced with questions of EU law and decide not to make a preliminary reference. The article also considers the Court’s discreet change of approach regarding the application (rather than the interpretation) of EU law by national courts of last instance as reflected in the Consorzio ruling, and argues that there is acte clair where the abstract interpretation of EU law is clear and leaves no scope for any reasonable doubt, even if the national court of last instance entertains doubts as to the correct application of said EU law to the case at hand.
AB - In its 2021 ruling in Consorzio, the European Court of Justice adopted a more pragmatic approach to its acte clair doctrine. This article analyses this reform and shows that in important respects the Court has eased the requirements for finding a question of EU law to be acte clair. Simultaneously, the Court has introduced a duty for national courts of last instance to give reasons where they are faced with questions of EU law and decide not to make a preliminary reference. The article also considers the Court’s discreet change of approach regarding the application (rather than the interpretation) of EU law by national courts of last instance as reflected in the Consorzio ruling, and argues that there is acte clair where the abstract interpretation of EU law is clear and leaves no scope for any reasonable doubt, even if the national court of last instance entertains doubts as to the correct application of said EU law to the case at hand.
U2 - 10.54648/cola2022050
DO - 10.54648/cola2022050
M3 - Journal article
VL - 59
SP - 711
EP - 738
JO - Common Market Law Review
JF - Common Market Law Review
SN - 0165-0750
IS - 3
ER -
ID: 300941402