- Published on
Legal Terms - Acte Clair
Acte clair refers to a clear point in law, originating from Law French. An indisputable matter that requires no legal debate. The concept of acte clair has gained significance in European law in the past few decades. If a domestic tribunal encounters a question regarding the interpretation of European Community law, it is obligated by the Treaty on the Functioning of the European Union (formerly known as the Treaty of Rome) to refer the matter to the European Court of Justice under Article 234. However, if the domestic tribunal believes that the legal point is clearly defined (for example, by previous case law from the European Court of Justice), they argue that there is an acte clair and refuse to refer the matter under Article 234 (R v Secretary of State, ex p Schering [1987] 1 CMLR 277).
Acte clair refers to a clear point in law, originating from Law French. An indisputable matter that requires no legal debate. The concept of acte clair has gained significance in European law in the past few decades. If a domestic tribunal encounters a question regarding the interpretation of European Community law, it is obligated by the Treaty on the Functioning of the European Union (formerly known as the Treaty of Rome) to refer the matter to the European Court of Justice under Article 234. However, if the domestic tribunal believes that the legal point is clearly defined (for example, by previous case law from the European Court of Justice), they argue that there is an acte clair and refuse to refer the matter under Article 234 (R v Secretary of State, ex p Schering [1987] 1 CMLR 277).
0 Comments