... that the overall operation of Article 234 be reexamined. Otherwise, Article 234 risks sacrificing not only the nature of the relationship between the courts that was first envisaged, but also its ability to deliver the proper application and uniform interpretation of Community Law. At its inception, Article 234 references were envisaged as a mechanism through which national courts could carry out the implementation of EC law more effectively1. As it stands, any national court or tribunal recognized by the ECJ potentially can make an Article 234 reference, but is not obliged to do so unless it is the final court of appeal. That most courts are given the 'discretion', rather than the obligation, to refer illustrates the degree of trust placed in courts and tribunals at the national level; any abuse of this trust is potentially damaging to the operation of Article 234. Moreover, even those courts and tribunals ...

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