Keywords
Summary

Keywords

1 . REFERENCES FOR A PRELIMINARY RULING - RESPECTIVE POWERS OF THE COURT AND OF THE NATIONAL COURTS - DIVISION BY THE TREATY - MANDATORY NATURE

( EEC TREATY , ARTICLE 177 )

2 . EEC - ADMISSION OF NEW MEMBER STATES - CONDITIONS FOR ADMISSION - DEFINITION BY THE AUTORITIES REFERRED TO IN THE TREATY

( EEC TREATY , ARTICLE 237 )

Summary

1 . THE DIVISION OF POWERS BETWEEN THE COURT OF JUSTICE AND THE COURTS OF THE MEMBER STATES PROVIDED FOR IN ARTICLE 177 OF THE EEC TREATY IS MANDATORY ; IT CANNOT BE ALTERED , NOR CAN THE EXERCISE OF THOSE POWERS BE IMPEDED , IN PARTICULAR BY AGREEMENTS BETWEEN PRIVATE PERSONS TENDING TO COMPEL THE COURTS OF THE MEMBER STATES TO REQUEST A PRELIMINARY RULING , BY DEPRIVING THEM OF THE INDEPENDENT EXERCISE OF THE DISCRETION WHICH THEY ARE GIVEN BY THE SECOND PARAGRAPH OF ARTICLE 177 .

2 . ARTICLE 237 OF THE EEC TREATY LAYS DOWN A PRECISE PROCEDURE ENCOMPASSED WITHIN WELL-DEFINED LIMITS FOR THE ADMISSION OF NEW MEMBER STATES , DURING WHICH THE CONDITIONS OF ACCESSION ARE TO BE DRAWN UP BY THE AUTHORITIES INDICATED IN THE ARTICLE ITSELF ; THUS THE LEGAL CONDITIONS FOR SUCH ACCESSION REMAIN TO BE DEFINED WITHIN THE CONTEXT OF THAT PROCEDURE WITHOUT ITS BEING POSSIBLE TO DETERMINE THE CONTEXT JUDICIALLY IN ADVANCE .