Summary• The ECJ can only make decisions on the interpretation of treaties and the validity of secondary EU law, under Article 267 of the TFEU.• Referrals are either discretionary or mandatory.• Bodies that can make a referral must be courts or tribunals that meet the Dorsch criteria. Conclusions • If there is a legal remedy available in a certain UK court, then that specific court has the discretion to make a referral. remedy available (usually the court in question being the Supreme Court), a reference would then be obligatory. • Before making a reference, the courts must take into account the guidelines of the case law. Recommendations • The UK courts will need to be certain of the issues who would be referred, especially since the procedure is time consuming and expensive.• Guidelines should always be reviewed in detail, to ensure that making a referral is the right choice for the specific case.IntroductionThe aim of this report is to explain the preliminary ruling procedure, under Article 267 TFEU, and its relationship with UK law, to discuss its guidelines, present potential critiques on the issue and provide recommendations on the handling of referrals preliminary references. Preliminary references Preliminary references are used on questions concerning EU law such as:1. Interpretation of the Treaties;2. The validity of measures of the EU, bodies, offices or agencies of the Union. These can be either discretionary or mandatory. The function of the preliminary reference procedure is to ensure that the interpretation and validity of EU law is the same in all Member States. Who can make a reference? Any court or tribunal can refer to EU legislation.... .. middle of paper......Gomis and others C-167/94 ECR I-1023Criminal prosecution against Saddik C-458/93 [1995] ECR I-511Da Costa case v Nederlands 28-30/62 [1963] Rec. 31, Dorsch Consult Ingenieurgesellschaft mbH v Bundesbaugesellschaft mbH, C-54/96, Rec. crèmerie riche Milk Suppliers Association v Ireland, cases 36 and 71/80 [1981] Rec. 735 Magnavision v General Optical Council No. 2 [1987] 2 CMLR 262 Meilicke v ADV/ORGA AG, Case C-83/91 [1992] Rec. I-4871R v International Stock Exchange of the UK and the Republic of Ireland Ltd, ex p Else (1982) Ltd and others [1993] 2 CMLR 677R v Pharmaceutical Society of Great Britain [1987] 3 CMLR 951R v Secretary of State for Transports ex parte Factortame [1989] 3 CMLR 1Rheinmühlen v Einfuhr, cases 146 and 166/73, Rec. 1974 33