Which Bodies May Refer?

AbstractChapter 3 discusses which bodies may make preliminary references. Only ‘a court or tribunal of a Member State’ has this right. Chapter 3 examines a number of possible criteria; namely is the referring body established by law, does it have permanent character, is it independent, is the body’s jurisdiction compulsory, does it use an adversary procedure, does it make its decisions on the basis of legal rules, can it issue decisions of a judicial nature in the context of the preliminary reference, does the members of the body include lawyers, does the question leading to the preliminary reference arise in connection with the settlement of a dispute, and are there other judicial solutions to the conflict in question? Chapter 3 next considers what types of bodies may make preliminary references. This examination covers, ordinary courts, international courts and courts with jurisdiction in more Member States, arbitration tribunals, administrative authorities and ombudsmen, and private bodies. Chapter 3 also considers when a court is of an EU Member State. Moreover, Chapter 3 examines whether a court of a Member State may not make a preliminary reference because its activities are not of a judicial nature or because, under national law, it is precluded from doing this.