Tagged: Joined Cases C‑72/14 and C‑197/14

Joined cases C-72/14 and C-197/14 X and case C-160/14 Ferreira da Silva: is the ECJ reversing its position on the acte clair doctrine?

By Elisabet Ruiz Cairó

In two recent preliminary rulings, the ECJ elaborated on the applicability of the acte clair doctrine. In these judgments, the Court seems to be looking for a new balance between the adoption of a strict approach towards national judges who are unwilling to make preliminary references and maintaining a cooperative relationship with national courts, effectively relaxing the conditions under the Cilfit doctrine.

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