PRELIMINARY RULING Meaning and
Definition
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A preliminary ruling refers to a legal mechanism by which a national court seeks guidance or clarification from a higher court or tribunal on the interpretation or application of European Union (EU) law. When faced with a case that involves EU law, a national court may refer questions to the European Court of Justice (ECJ) for a preliminary ruling before making its final decision.
The purpose of a preliminary ruling is to ensure a uniform interpretation and application of EU law across member states. It allows national courts to benefit from the expertise and guidance of the ECJ, which is the highest authority in interpreting EU law. Through this procedure, the ECJ provides answers and legal guidance to the specific questions raised by the referring court, which helps the national court in resolving the legal issue in question.
A preliminary ruling serves to eliminate possible divergent interpretations of EU law amongst member states' courts, which could lead to inconsistencies in decisions and hinder the functioning of the EU legal framework. The ECJ's ruling carries authority and binds the referring court, as well as other courts within the EU, providing legal certainty and promoting the effectiveness of EU law.
Overall, a preliminary ruling acts as a mechanism for fostering harmonization and promoting consistent interpretation and application of EU law throughout the European Union.
Common Misspellings for PRELIMINARY RULING
- oreliminary ruling
- lreliminary ruling
- 0reliminary ruling
- peeliminary ruling
- pdeliminary ruling
- pfeliminary ruling
- pteliminary ruling
- p5eliminary ruling
- p4eliminary ruling
- prwliminary ruling
- prsliminary ruling
- prdliminary ruling
- prrliminary ruling
- pr4liminary ruling
- pr3liminary ruling
- prekiminary ruling
- prepiminary ruling
- preoiminary ruling
- preluminary ruling
- preljminary ruling
Etymology of PRELIMINARY RULING
The word "preliminary" is derived from the Latin word "prælimināris", which is a combination of "præ" meaning "before" and "limen" meaning "threshold". It originally referred to something done before the main or final event, usually to prepare or introduce it.
The term "ruling" comes from the Old English word "rǣdung" which means "advice" or "counsel". Over time, it has evolved to refer to an authoritative decision or judgment made by a legal authority.
When combined, the term "preliminary ruling" refers to a provisional or initial decision made by a court or legal authority, which may be subject to further review or used to guide subsequent proceedings.
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