Recent Developments in the Acte Clair Case Law of the EU Court of Justice: Towards a more Flexible Approach
研究了欧盟法院在Ferreira da Silva和X与van Dijk案中关于明确行为原则的最新裁决，指出Cilfit标准适用不一致但正趋向灵活，同时批评新裁决未充分澄清该标准的规范内容和法律地位。
Abstract This article examines the acte clair doctrine in light of the recent rulings of the Court of Justice of the European Union in Ferreira da Silva and X and van Dijk . It first analyses the earlier case law on acte clair , disclosing inconsistencies in the application of its requirements. Then, it offers a critical review of Ferreira da Silva and X and van Dijk . It claims that the Cilfit criteria, although often quoted in judgments and doctrine, have been applied neither consistently nor truly rigidly by the Court. Instead, a more flexible approach to acte clair requirements is taking shape, while the Court is simultaneously reminding national courts that its discretion on preliminary reference issues is not unlimited. Finally, the article criticizes Ferreira da Silva and X and van Dijk for missing the opportunity to further clarify the normative content and the legal status of the Cilfit criteria.