acte clairn.

Brit.

/akt ˈklɛː/, U.S.

/æk(t) ˈklɛ(ə)r/

Origin: A borrowing from French. Etymon: French acte clair.

Etymology: < French acte clair (mid 19th cent. or earlier in legal contexts) < acte act n. + clair clear adj.

Law.

A matter considered to be so obvious as not to require referral to a higher court for interpretation. Frequently without article, and attributive.In European law, acte clair is a doctrine which allows a domestic court to avoid referring a matter of interpretation to the Court of Justice of the European Union, if it considers its meaning sufficiently clear.

ΚΠ

1958 Columbia Law Rev. 58 779 The Cour de cassation also applies the doctrine of acte clair.

1987 Financial Times 20 Oct. 12/5 Although acte clair was primarily applicable to cases in which the answer to a particular question was already covered by a decision of the Court of Justice, it was equally applicable where there could be no doubt about the correct answer.

2003 P. Craig & G. De Búrca EU Law (ed. 3) xi. 446 Where a precedent does exist, then the relationship of the ECJ and the national court is as set out in the preceding section. The acte clair doctrine may apply in circumstances where no such prior decision of the ECJ on the point currently exists.

2014 M. Homewood EU Law Concentrate (ed. 4) iii. 59 No obligation to refer if the question is not relevant; there is a previous ruling by the Court of Justice; or the correct interpretation of EU law is acte clair.

This is a new entry (OED Third Edition, March 2017; most recently modified version published online December 2021).

单词	acte clair
释义	acte clairn. Brit. /akt ˈklɛː/, U.S. /æk(t) ˈklɛ(ə)r/ Origin: A borrowing from French. Etymon: French acte clair. Etymology: < French acte clair (mid 19th cent. or earlier in legal contexts) < acte act n. + clair clear adj. Law. A matter considered to be so obvious as not to require referral to a higher court for interpretation. Frequently without article, and attributive.In European law, acte clair is a doctrine which allows a domestic court to avoid referring a matter of interpretation to the Court of Justice of the European Union, if it considers its meaning sufficiently clear. ΚΠ 1958 Columbia Law Rev. 58 779 The Cour de cassation also applies the doctrine of acte clair. 1987 Financial Times 20 Oct. 12/5 Although acte clair was primarily applicable to cases in which the answer to a particular question was already covered by a decision of the Court of Justice, it was equally applicable where there could be no doubt about the correct answer. 2003 P. Craig & G. De Búrca EU Law (ed. 3) xi. 446 Where a precedent does exist, then the relationship of the ECJ and the national court is as set out in the preceding section. The acte clair doctrine may apply in circumstances where no such prior decision of the ECJ on the point currently exists. 2014 M. Homewood EU Law Concentrate (ed. 4) iii. 59 No obligation to refer if the question is not relevant; there is a previous ruling by the Court of Justice; or the correct interpretation of EU law is acte clair. This is a new entry (OED Third Edition, March 2017; most recently modified version published online December 2021). < n.1958
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