Translation of "Tribunal constituted as a regular court law " (English → French) :

15. Welcomes the introduction of a possibility for two new types of constitutional complaint to the Constitutional Court and understands that a democratic system that is founded on the rule of law does not necessarily need a constitutional court in order to function properly; recalls, however, Opinion No CDL-AD (2011)016 of the Venice Commission, which notes that in states that have opted for a constitutional court, this court should be entitled to assess the compliance of all laws ...[+++] with the human rights guaranteed in the constitution; considers, therefore, that the limitation of constitutional jurisdiction relating to the laws on the central budget and taxes weakens the institutional and procedural guarantees for the protection of a number of constitutional rights and for the control of the parliament's and the government's powers in the budgetary field;

Based on experience gained in implementing those rules , and on the latest case-law, the present recommendations serve as a reminder of the essential characteristics of the preliminary ruling procedure and to provide courts and tribunals making references to the Court for a preliminary ruling with all the practical information required in order for the Court to be in a position to give a useful reply to the questions referred.

Status as a court or tribunal is interpreted by the Court as a self-standing concept of EU law, the Court taking account of a number of factors such as whether the body making the reference is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it applies rules of law and whether it is independent.

It follows from the Court’s ruling that the use of a mathematical formula to identify artificially low tenders does not in itself constitute a violation of Community law.

The key issue is what are the potential consequences of the constitutional review of a ratification Law of a Member State on the basis of the constitution of this Member State, since the Member States have, by establishing the European Court of Justice, expressed the wish that the Court of Justice alone should be competent to interpret EC-related texts, which are the subject of a ratification law, and all acts based thereon.

Status as a court or tribunal is interpreted by the Court of Justice as a self-standing concept of European Union law, the Court taking account of a number of factors such as whether the body making the reference is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it applies rules of law and whether it is independent.