The interpretation of Community law by the Court of Justice in areas of national competence

Abstract:

The article examines the evolution of the jurisdiction of the Court of Justice under Art.234 to interpret Community law when used in areas of national competence. It discusses the arguments for and against such an extended jurisdiction. It seems that in its current state such case law may appear more confusing than helpful. It is argued that the Court of Justice should solely extend its jurisdiction to situations where the relevance of Community law in the sphere of national competence is obvious, in order to preserve the spirit of the preliminary ruling procedure.