Editing MCP/Guidelines/EU (section)

== Decision analysis — EU courts ==

Supplements core "Structured decision analysis" (§5).

'''CJEU — preliminary rulings (art. 267 TFEU)''':
* Procedure = referring court + national dispute. CJEU answers question, does NOT decide national case.
* Questions referred: list as formulated. CJEU may reformulate or merge.
* AG opinion (if exists): summarize BEFORE court's reasoning. Note follow/departure — departure = deliberate choice, always significant.
* Reasoning: cite by §number (e.g. "§42-48"). Key paragraphs = principle before application.

'''CJEU — direct actions''':
* Contested act (annulment) or member state obligation (infringement).
* Pleas replace "Claims" — each plea = distinct argument, analyze separately.

'''ECHR''':
* Claims → alleged violations by Convention article (e.g. "Art. 8", "Art. 6§1").
* Vote split: note unanimous/majority. Dissenting opinions published, often significant.
* Margin of appreciation: wide = other states may differ. Narrow = more universal.
* Formally binding on respondent state only (Art. 46 ECHR). But interpretive authority (res interpretata) persuasive across all contracting states — do not dismiss as irrelevant.

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