Thread by Dave Evans explaining what ECJ preliminary rulings are for (10 JAN 2020)

Excellent thread by Dave Evans. It explains clearly why he is "flabbergasted" (along with millions of others) at the Supreme Court bungle. He has authorized this format.
Click if need be to read the whole post

Source: https://twitter.com/d4veCAT/status/1215545854720991233?s=19

When a court of an EU Member State submits a referral to the @EUCourtPress for a preliminary ruling, the purpose of this ruling is to clear up the doubts raised by the Member State court BEFORE it issues its own judgement. That is the raison d'être of an ECJ preliminary ruling.

— Dave Evans (@d4veCAT) January 10, 2020

When a court of an EU Member State submits a referral to the Court of Justice of the European Union (ECJ) for a preliminary ruling, the purpose of this ruling is to clear up the doubts raised by the Member State court BEFORE it issues its own judgement. That is the raison d'être of an ECJ preliminary ruling.

The preliminary ruling will naturally inform future judgements made by the Member State court as well. But its purpose is to clear up doubts about the case in question, in order to prevent errors from being made. What Spain's Supreme Court has done is flabbergasting. [1]

When a court of an EU Member State submits a referral to the ECJ for a preliminary ruling, the purpose of this ruling is to clear up the doubts raised by the Member State court BEFORE it issues its own judgment. That is the raison d'être of an ECJ preliminary ruling.

Not in the case of Oriol Junqueras, which is the subject of the preliminary ruling. This is nonsensical, twisted and intolerable. The European Parliament, the European Commission, the President of the EU Council and the ECJ cannot (and I'm sure will not) let this slide. The very legitimacy of the EU is at stake.

Brussels is studying the Spanish Supreme Court's decision and has pointed out that the judgements of the ECJ are binding and must be respected, complied with and correctly interpreted. Brussels will surely conclude that the Supreme Court's decision fails on all counts.

• https://t.co/kPgLRUC0sK
• http://www.elpuntavui.cat/politica/article/1722258-brussel-les-estudia-la-decisio-del-suprem-i-recorda-que-les-decisions-del-tjue-son-vinculants.html

1. See points 7 and 11 here: http://estudiscatalans.blogspot.com/2020/01/excellent-fil-de-josep-costa-sobre-el.html