September 18th, 2017

​The functional test begins with deciding whether the body is a court or tribunal 

The main focus is not on the name which is immaterial but focusing on the judicial function that the Body is performing. Cases such as Victoria film and Norsdee indicates the rejection of the preliminary ruling procedure due to the inability to establish the valid existence of the body as the court or tribunal 

The criteria need to be considered in establishing courts or tribunal include: 
-whether the Body is established by law 
-whether the body is permanent 
-whether the body is independent (Schmidt) 
-whether the body has compulsory jurisdiction 
-whether the body applies rule of law and inter partes procedure ( Dorsch )