Posted: January 12th, 2016

identify among the facts of the case those which are essential to understand what the case is about and to explain what decisions were reached at earlier stages in the procedure, if any

Section 1: Facts and procedure (300-350 words): identify the key relevant facts of the case and provide a brief summary of the decisions reached by other courts earlier in the case. This requires you to identify among the facts of the case those which are essential to understand what the case is about and to explain what decisions were reached at earlier stages in the procedure, if any. In other words, what is required is a brief summary of thebackground of the case and the aim here is to be as concise as possible. This section will have a 5% weight on the total mark
Section 2: Points of law raised by the case (200-250 words): formulate the main legal question(s) raised by the case. This section consists of identifying each of the legal issues raised by the case. This should consist of a single question for each point identified. In preliminary rulings, those points are normally expressed in the questions referred by the national court. However, questions from national courts are not always phrased ideally and may need to be reformulated/aggregated to focus on the essential legal points at stake. A good way to identify the legal issues is to start from the outcome of the case in the operative part of the judgment and work one’s way backwards towards the question raised. This section will have a 5% weight on the total mark

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