See below Essay Example | Topics and Well Written Essays - 1250 words

See below - Essay Example Jurisdiction over the subject. For the ECJ to have jurisdiction over a case, such a case must be concerned with a subject over whom the ECJ has jurisdiction. There are only three subjects over which ECJ has jurisdiction namely: the interpretation of any of the provisions of the European Union Treaty; when the question calls for the interpretation or validity of the acts of any of the EU commissions or the European Union Bank (EUB), and lastly; the interpretation of statutes or laws passed by a body which has been established by the Council, but only if the statute or law so provides that it shall be subject to ECJ’s interpretation (Lazowski 2007). Fulfillment of jurisdictional requirements by the referring body. There are three things which the referring body must meet or possess before the ECJ accepts any referral from it under Art. 234 and these are the following: the body referring the question to the ECJ must necessarily be a â€Å"court or tribunal of a member state†; the question being referred to is concerned with the validity and interpretation of the Community law, and; the resolution of the question being referred to the ECJ is necessary so the court of origin can render its decision (Lazowski 2007). The determination of whether a body is a court or tribunal is a very important factor because it is one of the basic qualifications and requirement in reference under Art 234. The terms â€Å"court or tribunal’ has no fixed definition under any statutory law but only in case laws where the ECJ itself has defined it through a number of cases. In the case of Abrahamsson C-407/98, the ECJ held: â€Å" In order to determine whether a body making a reference is a court or tribunal for the purposes of Article 1777 (now Art 234) of the Treaty, which is a question governed by the Community law alone, the Court takes account of a number of factors, such as whether the body is established by law, whether it is