Guidelines on a Reference for Preliminary Ruling GUIDELINES ON A REFERENCE FROM NATIONAL COURTS FOR A PRELIMINARY RULING INFORMATION NOTE 1. General 1. The preliminary ruling system is a fundamental mechanism of East African Community Law aimed at enabling national courts to ensure uniform interpretation and application of that law in all the Partner States. 2. The East African Court of Justice has jurisdiction to give preliminary rulings on the interpretation of East African Community law and on the validity of the regulations, directives, decisions or actions of the Community. That general jurisdiction is conferred on it by Article 34 of the Treaty for the Establishment of East African Community (the Treaty). 3. While Article 34 of the Treaty confers on the East African Court of Justice a general jurisdiction, it goes further to direct national courts or tribunals (national courts) to refer a matter to the Court if it considers that a ruling on the question concerning the interpretation or application of the provision of the Treaty is necessary to enable it to give a judgment . 5. The preliminary ruling procedure being based on cooperation between the East African Court of Justice and national courts, it may be helpful, in order to ensure that that cooperation is effective, to provide the national courts with the following information. 6. This practical information is intended to provide guidance to national courts as to whether it is appropriate to make a reference for a preliminary ruling and, should they proceed, to help them formulate and submit questions to the Court. The role of the East African Court of Justice in the preliminary ruling procedure 7. Under the preliminary ruling procedure, the Court’s role is to give an interpretation of East African Community law or to rule on its validity, not to apply that law to the factual situation underlying the main proceedings, which is the task of the national court. It is not for the Court either to decide issues of fact raised in the main proceedings or to resolve difference of opinion on the interpretation or application of rules of national law. 1

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