The Court of Justice
composition, jurisdiction
and case law
Case Law of the European Court of Justice
Administrative issues
* Attendance is compulsory
* Speech:
­ Last 2 lessons
­ 5 minutes length
­ Important judgment of the ECJ (<5 yrs)
European judiciary system
1. The Court of Justice of the European
Communities
2. The Court of First Instance
3. The Civil Service Tribunal
4. (National courts)
Community law enforcement
Court of Justice ­ its main functions
1. Enforcement of the Community law
(mostly against MS) and settlement of
disputes (mostly between MS and the
EC or between the EC institutions)
2. acting as a constitutional court
3. Ensuring the uniform interpretation and
application of the EC law
The Court of Justice
* Art. 220: the Court of Justice ... shall
ensure that in the interpretation and
application of this Treaty the law is
observed.
* May act as a civil, constitutional or
administrative court
The composition of the ECJ
* Luxembourg
* 27 J + 8 AG
* 6 yrs term, renewable, no retirement age
* Staggered system of appointment (13/14 and
4/4)
* conditions:
­ Independence
­ Qualification or recognized competence
* President of the Court
* The Registrar
ECJ ­ chambers, etc.
* 3 - 5 - 13 - plenary session
* Judge-Rapporteur
Independence of judges
* Oath
* Ban on side jobs
* Full secrecy of deliberations
* No concurring or dissenting judgments
Advocates General
* 8 AG
* Opinion on the case (2nd opinion which is
delivered first)
* Function?
The Court of First Instance
* established in 1989
* ,,less important" cases
* 27 judges
* Chambers ­ 5, 3, 1
Jurisdiction Preliminary reference by a
national court
* Interpretation of the EC Law...
* the EC Treaty = a framework treaty the
"content" is often missing
* Example:
­ Art. 28 - measures of equivalent effect as
quantitative restrictions,
­ Art. 82 - dominant position
* Solution:
­ secondary legislation
­ Specification by binding interpretation
ECJ = Lawmaker ???
* Theory of separation of powers
* Montesquieu: a judge in an unconscious
being, just the mouth of laws.
* ECJ ­ does not have a power to create
laws it only interprets them! (and it is the
duty of the Court to interpret the
Community law in the way that makes it
fully effective)
Conclusion (1)
* Gaps must be filled
­ By political institutions or
­ By the ECJ as the interpreter of the Treaty (Art. 220)
* Prevailing method of interpretation?
* Effet utile = the effectiveness of the EC law
* Limits?
Conclusion (2)
* ECJ ­ has no competence for creating new rules
* Interpretation concerns:
­ specification of general rules
­ gaps filling
­ principles of application
­ identification of basic principles
* National courts perspective
­ Obligation to apply the EC law correctly ­ what is
correct?