Preliminary Rulings Under Article 267 TFEU – using it and applying it in Cyprus

Price

€200 + VAT

Total Hours

8

Course Description

Article 267 of the Treaty on the Functioning of the European Union empowers the domestic courts of members states to make a reference to the Court of Justice of the European Union for the interpretation of a point of EU law or for a ruling on the validity of EU legislation, especially when the result of said interpretation is of determining importance for the decision of the judge at the end of the hearing. In this situation, the Court of Justice does not function as a court of appeal that rules on the outcome of the main proceedings before the referring court: it makes judgment neither on the facts in the main proceedings nor on the interpretation and application of national law. 


Moreover, in principle, it does not itself pronounce on the concrete application of EU law in the main proceedings before the referring court. Finally, while a preliminary ruling is normally given in the form of a judgment, the ruling is addressed to the referring court and not to the parties to the main proceedings. Only the referring court’s subsequent decision can be enforced against those parties. The preliminary reference procedure is therefore an expression of the interplay and allocation of tasks between national courts and the Court of Justice. The course aims to train lawyers in the practical application of this procedure in district courts and the Supreme Court. 


The course will cover the case law of the European Union and provide students with an understanding of its practical application as well as its theoretical application. offers a threefold perspective on preliminary references, through an analysis of the case law of the Court of Justice itself, of the European Court of Human Rights in relation to Article 6(1) ECHR, and of the constitutional courts of Austria, Croatia, Czech Republic, Germany, Slovakia, Slovenia, and Spain, where the national courts’ refusals to refer can lead to the violation of national constitutional rights. It further investigates the obligations of the Member States and national courts in the framework of the preliminary reference procedure and how the right to effective judicial protection affects them. 


The examination outlines the implications that could flow from the recognition of a right for individuals to have a question referred to by the ECJ, as part of the right to effective judicial protection under EU law, in particular, its nature and its enforcement.

Course Accreditation

The course is accredited and funded by the HRDA
This course is accredited for 8 CPD points by the Cyprus Bar Association

Funding Available

€336 + VAT full price. If you are eligible for HRDA funding: €136 funded and your employer only pays €200 + VAT on the full amount

Start Date

To be Announced

End Date

To be Announced

Dates and Times

To be Announced

Course Content

UNIT 1: What does article 267 TFEU provide. 


  • Introduction to the program 

  •  Introduction of the trainer

  •  Introduction of trainees 

  • Explanation of article 267 TFEU and its contents 

  •  Why is the use of the preliminary referencing procedures important 

  • Case study examples from the European Union 

  • Case study examples from Cyprus 

  • Purpose of preliminary referencing 

  • Function of preliminary referencing according to EU institutions and ECJ 

  • Procedure set out in Cyprus law and EU law for preliminary referencing 

  • Case studies and practical exercises. 


UNIT 2: Jurisdiction of the ECJ in preliminary referencing procedure


  • Explanation of jurisdiction of the ECJ 

  • ECJ Case law regarding ECJ jurisdiction 

  • Cyprus case law on jurisdiction issues. 

  • Case studies 

  • Practical exercises. 

  • Explanation of when ECJ can exclude its own jurisdiction 

  • Relevant ECJ case law 

  • Case studies and practical exercises. 


UNIT 3: When can a national court request a preliminary ruling 


  • According to ECJ cases,

  • EU cases and use in other jurisdictions 

  • Important cases where preliminary reference guidelines have been developed 

  • How these cases have been applied 

  • Explain when Cyprus national courts must apply for a reference 

  • Doctrine of Acte Claire using case law 

  • The application of doctrine of Acte Claire in Cyprus 

  • When Cyprus courts have discretion 

  • How has this discretion been applied in Cyprus 

  • Case studies 


UNIT 4: Arguing the need for preliminary reference in your case before court. 


  • Practical advice on requesting a preliminary reference 

  • Advice on how to structure an application and arguments 

  • Case studies 

  • Practical exercises 

  • Group discussion

  •  how to apply in Cyprus 

  • Group Quiz

Language of Instruction

English

Course Methodology

Live distance learning via Zoom. This method enables the instructor to continuously assess the receptivity of the trainees and to be constantly updated accordingly. During the training, appropriate techniques will be developed and assist the subject of training. The lecture and the regular discussion challenge are the main pillar of the training techniques in this program.

Trainer

To be Announced

Admission Requirements

You must be a registered lawyer or trainee lawyer

Discounts/Offers Applicable

- 30% discount on all courses for Civil Servants
- 50% discount for members of the Cyprus Police Force and Army
- 40% discount for trainee lawyers and law students
- 40% discount for private sector employees who do not qualify for funding with the HRDA.

Who is the course aimed at

Registered Lawyers or trainee lawyer, judges of the District Court and or Supreme Court.

Certificate Awarded

A Training Certificate will be awarded to those participants who will successfully complete the training. The Training Certificate, at the bottom, will state: "The program was approved by the Human Resources Development Authority".
The certificate will also detail the CPD points awarded.

Application Procedure