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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
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 for example Exp DPP [1993] 1 WLR 693 at 708. The court is not bound to accept even...

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