Figure 6.2

A flowchart is as follows. The sequence is, National court submits reference; Court of Justice notifies parties, Member States, and other EU institutions, and publishes a notice in the Official Journal; Judge-Rapporteur and Advocate General assigned to the case, Possible use of the reasoned order procedure; Written proceedings: parties, Member States, Commission, and the EU institutions that adopted the measure in dispute may submit written observations within two months; Judge-Rapporteur’s preliminary report: whether oral hearing required -whether preparatory inquiries or requests to the referring court for clarification needed -whether Advocate General’s Opinion required, not required if case raises no new questions of law, whether case should be assigned to a chamber of the Court three or five judges, or is so exceptional that it should be heard either by the full Court all the judges or by a Grand Court, 13 judges; Decision by Court on whether oral proceedings to be held, in the light of the preliminary report, the wishes of the parties, and the views of the Advocate General; If oral proceedings: Judge-Rapporteur’s Report for the Hearing summarizes the facts and the parties’ arguments; case argued at public hearing; judges and Advocate General may question parties; If Advocate General’s Opinion: delivered at later date, analysing the legal aspects of the case and suggesting response to be given to the problem raised; Judges reach decision by majority, No public record made of any dissenting opinions, The key part of the judgment is pronounced in open court. Judge rapporteur and advocate general also branches into, possible use of the reasoned order procedure.

Figure 6.2 The standard procedure in Article 267 TFEU proceedings

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