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The European Court of Justice: What are the limits of its exclusive jurisdiction?

Lock, TS (2009) The European Court of Justice: What are the limits of its exclusive jurisdiction? The Maastricht Journal of European and Comparative Law, 16 (3). 291 - 314. ISSN 1023-263X

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Abstract

The article explores the limits of the ECJ's exclusive jurisdiction by addressing two main issues: firstly, whether there are exceptions to that exclusivity, such as the application of the CILFIT case law or the exclusion of Community law from the dispute. Secondly, it asks whether other international courts must respect the ECJ's jurisdiction over a case. The article commences by briefly discussing the ECJ's exclusive jurisdiction as it was established in Opinion 1/91 and the Mox Plant-Case and draws conclusions from this case law. It then addresses the above-mentioned points and comes to the conclusion that there are generally no exceptions to the ECJ's exclusive jurisdiction and that the only option open to Member States is to exclude Community law from a dispute (and even that option is subject to limitations). Furthermore, after exploring several routes advanced in the academic discussion, the article comes to the conclusion that other courts must respect the ECJ's jurisdiction and as a consequence declare the case inadmissible.

Item Type: Article
Additional Information: Copyright 2009 Intersentia Publishers. This article was first published in The Maastricht Journal of European and Comparative Law, 16, (3),pp. 291-314. It is reproduced here by kind permission of the publisher.
Divisions: Faculty of Business, Economics and Law > Law
Depositing User: Symplectic Elements
Date Deposited: 06 Jul 2012 08:28
Last Modified: 23 Sep 2013 19:16
URI: http://epubs.surrey.ac.uk/id/eprint/270097

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