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To ECJ or Not To ECJ

Melanie Hall QC, Barrister at Monckton Chambers, outlines how to get a reference to the ECJ and how to resist one

 
Melanie Hall QC Barrister at Monckton Chambers outlines how to get a reference to the ECJ and how to resist one
 
Ultimately the question whether to make a reference to the European Court of Justice is in the exclusive gift of the court or tribunal. The following are corollaries of that proposition:
 
No party has a right to require a reference with the consequence that a reference may be refused even if both parties support one being made. See...

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