ECJ and the enforcement of the
EU law
European Court of Justice
* As part of that mission, the Court of Justice:
­ reviews the legality of the acts of the institutions
of the European Union,
­ ensures that the Member States comply with their
obligations under Community law,
­ interprets Community law at the request of the
national courts and tribunals.
The European Judiciary
* European Court of Justice (ECJ)
* Court of First Instance (CFI)
* Civil Service Tribunal (CST)
* Plus national courts
The European Court Justice
* 1 judge per MS
* 8 AG - submit their opinions on respective
case
* Sits in sessions ­ 3, 5, 13, full court
* The highest judicial authority of the EU
The Court of First Instance
* 1 judge per MS
* No AG
* Sits in sessions ­ 1, 3, 5, 13, full court
* Decide almost all actions brought by
individuals
The Civil Service Tribunal
* 7 judges
* Sit in chambers ­ 3 judges
* Employment disputes
The Competences of the Court of
Justice of the European Communities
* Judicial competence
* Art. 220 ECT : The ECJ shall ensure that in the
interpretation and application of this Treaty
the law is observed...
* it is all-in-one constitutional, civil and
administrative court
Changes under the Lisbon Treaty
* new official name will be the Court of Justice
of the European Union
* it will include:
­ the Court of Justice (now ECJ)
­ the General Court (now CFI) and
­ specialized courts (now for example CST).
References for preliminary rulings
* Form of cooperation with national courts
* ECJ ensures the uniform interpretation and
review the validity of secondary law
* National court may and sometimes must refer
question concerning the interpretation or
validity...
* Great influence not only on the court that
referred but also on future proceedings
Actions for failure to fulfill
obligations
* Commission may sue a MS
­ Preliminary procedure
­ Judicial proceedings
* Possible sanction - fixed or periodic financial
penalty
Actions for annulment
Actions for failure to act
* For annulment of a measure (regulation,
directive or decision) adopted by an
institution.
* To review the lawfulness of Community
institutions' failures to act to be reviewed
* Institution must be first called on to act
ECJ
CFI
Appeals
CST
NC
The procedure
* written stage and usually an oral stage
* Difference is between references for preliminary
rulings and other actions, known as "direct actions"
* Commencement of proceedings before the Court and
the written procedure
­ In references for preliminary rulings - national court
submits questions to the Court of Justice, translation,
notification, notice, submitting of observations
­ Application, Registry publishes, serving the other party,
reply, rejoinder, appointment of Judge Rapporteur and
Advocate General
Further steps
* Preparatory inquiries and the report for the
hearing
* The public hearing and the Advocate General's
opinion
* Judgments
General activity of the Court