Title IV EC Treaty and the Court of Justice: Commission Communication and proposal

Remember that Title IV of the EC Treaty deals with visas, asylum, immigration and certain aspects of conflict of laws. Important stuff affecting the rights and lives of individuals, right ? But Article 68 EC provides for limited scope for the Court of Justice to give preliminary rulings on the provisions in that Title and acts of the institutions adopted pursuant to it. In short, only courts of last resort can refer questions under Article 234 EC. Article 67(2) EC provides that the Council should adapt those provisions after a five year transitory period that expired on May 1st, 2004.

The Council did extend the application of Article 251 EC to Title IV by Decision 2004/927/EC of December 22nd 2004. But it did nothing about extending the right to refer preliminary rulings to the Court of Justice.

As a consequence, the Commission has published an interesting Communication COM(2006) 346 final about the adaptation of the provisions of Title IV to ensure more effective judicial protection. Annexed is a proposal for a Council Decision to align the situation under Title IV with that in general EC law. Thus, the idea is that Article 234 EC should apply normally under Title IV.

It is just a proposal of course. But it sounds like a good idea.

The Communication itself is well worth reading as it contains some interesting comments on effective judicial protection and the jurisdiction of the Court of Justice.