The Court of Justice of the European Union - Bac 3 droit 2010-2011

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The Court of Justice of the European Union - Bac 3 droit 2010-2011
Chapter 12
European Union Law and the EU’s
Courts
 We
need an enforceable legal framework
regarding
• the determination of public policy
• the application of public policy
 Need
for common laws that are capable of
uniform interpretation in all Member
States
The Need for EU Law
 The
 EU
treaties
legislation
 Judicial
interpretation
 International
 The
law
general principles of law
The Sources of EU Law

EU law is not as wide-ranging as
national law
• Focus on economic activity (customs union, the
internal market, competition policy, agriculture policy,
fisheries policy, energy, transport, regional development
and environment)

In virtually all policy areas EU law sits
side-by-side with national law
The Content of EU Law
 The
range of EU law has broadened
considerably over the years due to
• Recognition of the benefits of joint action
• Pressures from sectional interests
• Acceptance that the internal market can function
only if there are common rules also on matters
such as health and safety at work, entitlements to
social welfare benefits and mutual recognition of
educational and professional qualifications
The Content of EU Law
 Costa
v. ENEL (1964)
 Direct
effect
• Van Gend en Loos (1963)
• Certain provisions of EU law may confer rights
or impose obligations on individuals that
national courts are bound to recognise and
enforce
The Status of EU Law
 Primacy
• Simmenthal v. Commission (1978)
• National courts must apply EU law in the event
of any conflict, even if the domestic law was
part of the national constitution
The Status of EU Law
 The
Court of Justice of the European Union
• The Court of Justice
• The General Court
• The European Union Civil Service Tribunal
 Courts
can’t initiate actions, judgments can
only be issued on cases that are referred to
the Court
 Single
ruling delivered by the Court
The Court of Justice of the
European Union
 Composition
of the Court of Justice
• President of the Court
• 27 judges appointed « by common accord of
the governments of the Member States » for a
renewable period of 6 years
• 8 advocates-general assisting the judges and
making « reasoned submissions »
The Court of Justice of the
European Union
Court of Justice
Failures of states to
fulfill obligations
Most preliminary references
Appeals against GC decisions in
direct actions
The Court of Justice of the
European Union
 Procedure
before the Court of Justice
• First stage: written submissions
• Second stage: case argued orally
• Plenary session (rare)
• Chambers of 3 judges
• Chambers of 5 judges
The Court of Justice of the
European Union
 The
General Court
• 27 judges appointed « by common accord of
the governments of the Member States » for a
renewable period of 6 years
• No advocates-general
• Deals with « routine » matters
The Court of Justice of the
European Union
General Court
Annulments
Failures to acts
Disputes about
compensations for noncontractual liability
Appeals from the EU Civil
Service Tribunal
The Court of Justice of the
European Union
 The
European Union Civil Service
Tribunal
• Created in 2004 to help the former Court of
First Instance (now known as the General
Court)
• 7 judges appointed by the Council
• Deals with internal EU staffing disputes
The Court of Justice of the
European Union
 Failure
to fulfill an obligation - CJ rules
(art. 258-259 TFEU)
 Application
for annulment - GC rules
(art. 263 TFEU)
 Failure
to act - art. 265 TFEU
 Action
to establish liability – art. 268
and 340 TFEU
Types of Cases Before the Courts
 Reference
for a preliminary ruling art. 267 TFEU
 Staff
cases
 Appeals
 The
- art. 256 TFEU
seeking of an opinion - art. 218
TFEU
 Judicial
law
• Clarification and strengthening of EU law
• Extension and strengthening of EU
competences
• Judgments reduce the need to make law
• Clarification of the powers and functioning of
the EU institutions
The Impact and Influence of the
Courts
 Common
laws are developed by Member
States to promote harmonisation
 Member
States surrendered some of their
sovereignty
 EU
Courts exercise three key legal roles:
• Role of constitutional court
• Role of supreme court
• Role of administrative court
Conclusion
 Sometimes,
the Courts make Law to fill in
the gaps of the EU legal framework
• Clarification of the relation between institutions
• Clarification of the relation between the
institutions and the Member states
Conclusion

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