To what extent is it accurate to assert that the court of justice of the European Union, under the auspice of the preliminary ruling procedure, in article 267 Treaty on the Functioning of the European Union (TFEU), has developed a hierarchical relationship between itself and the national courts of the member states of the European Union?

This paper aims to contend that under the auspice of the preliminary ruling of article 267 on the functioning of the European union (TFEU) has developed a tension between itself and its member states national sovereignty or whatever its remains thereof. This paper will answer the question of whether the relationship between the CJEU and national courts, if it is one of cooperation or one based on hierarchy, and how has the preliminary procedure been used by the CJEU as a vehicle to alter this relationship.

The preliminary procedure has, without a doubt, allowed the CJEU to develop a hierarchy of legal orders. This fundamental mechanism, the court of justice describes it  as addressing four potential questions under what is now article 267 TFEU. The preliminary ruling procedure operates as a mechanism for the CJEU for the purpose of clarity and precision, in relation between two legal …(short extract)