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Encyclopedia > Court of Justice of the European Communities

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The European Court of Justice (ECJ) is formally known as the 'Court of Justice of the European Communities', i.e. the court of the European Union (EU). It is based in Luxembourg, unlike most of the rest of the European Union institutions, which are based in Brussels and Strasbourg. Download high resolution version (1200x800, 13 KB) File links The following pages link to this file: Austria Belgium Bulgaria Czech Republic Croatia Cyprus Economy of Cyprus Economy of the Czech Republic Council of Europe Economy of Denmark Drachma European Union Estonia Euro European Parliament Talk:European Union European Free Alliance... The European Union or EU is a supranational organisation of European countries, which currently has 25 member states. ... The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ... The European Parliament is the parliamentary body of the European Union (EU), directly elected by EU citizens once every five years. ... The European Commission (formally the Commission of the European Communities) is the executive of the European Union. ... The treaties of the European Union are effectively its constitutional law, making up the EUs primary legislation. ... Such term is not in Wikipedia. ... A European political party, or formally a political party at European level, is a type of political party organization in the European Union, eligible to receive funding from the Union. ... Politics of the European Union Categories: Election related stubs | Elections in the European Union ... A satellite composite image of Europe Europe is geologically and geographically a peninsula, forming the westernmost part of Eurasia. ... Emblem of the Brussels-Capital Region Flag of The City of Brussels Brussels (Dutch: Brussel, French: Bruxelles, German: Brüssel) is the capital of Belgium and is considered by many to be the headquarters of the European Union, as two of its three main institutions have their headquarters in the... City motto: – City proper (commune) Région Alsace Département Bas-Rhin (67) Mayor Fabienne Keller (UMP) (since 2001) Area 78. ...


The ECJ is the supreme court of the European Union. It adjudicates on matters of interpretation of European law, most commonly: The supreme court in some countries, provinces, and states, is the highest court in that jurisdiction and functions as a court of last resort whose rulings cannot be appealed. ...

  • Claims by the European Commission that a member state has not implemented a European Union Directive or other legal requirement.
  • Claims by member states that the European Commission has exceeded its authority.
  • References from national courts in the EU member states asking the ECJ questions about the meaning or validity of a particular piece of EC law. The Union has many languages and competing political interests, and so local courts often have difficulty deciding what a particular piece of legislation means in any given context. The ECJ will then give its ruling which is binding on the national court, to which, the case will be returned to be disposed of. The ECJ is only permitted to aid in interpretation of the law, not decide the facts of the case itself.

Individuals cannot bring cases to the ECJ directly. An individual who is sufficiently directly concerned by an act of one of the institutions of the European Union can challenge that act in a lower court, called the Court of First Instance. An appeal on points of law lies against the decisions of the Court of First Instance to the ECJ. Employees of the European Commission and other EU institutions currently sue their employer in the Court of First Instance. However, a specialist Civil Service Tribunal is in the process of being set up to deal with these matters. The legislative acts of the European Union (EU) can have different forms: regulations, directives, decisions, recommendations and opinions. ... The European Union is unique among international organizations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ... The Court of First Instance, created in 1988, is a court of the European Union. ... The European Commission (formally the Commission of the European Communities) is the executive of the European Union. ...


The ECJ is made up of 25 judges and 8 Advocates General who serve 6-year renewable terms of office. Each member state of the European Union has the power to nominate one judge, so their number coincides most of the time with the number of member states. However, as the ECJ can only sit with an uneven number of judges, additional judges have been appointed at times when there was an even number of member states. 5 of the 8 Advocates General are nominated as of right by the 5 big member states of the European Union: Germany, France, the United Kingdom, Italy and Spain. The other 3 positions rotate in alphabetical order between the 20 smaller member states; currently, the Netherlands, Austria and Portugal are thus represented. The position of Advocate General is well established in the French and Dutch legal systems where higher courts are assisted by these independent legal officers. ...


Although the Advocates General are full members of the ECJ, it is important to note that they are not judges and they do not take part in the court's deliberations. It is the role of the Advocates General to propose to the Court, in complete independence, a legal solution to the cases for which they are responsible. The Advocate General’s Opinion, although often in fact followed, is not binding on the Court.


The ECJ is feared by some Eurosceptics, due to its ruling in 2001 that parts of the German constitution were illegal as being incompatible with the EU treaties.


See also

This article or section should be merged with List of European Union-related topics The European Union has several institutions: The European Parliament The European Council The Council of the European Union (or Council of Ministers) The European Commission The European Court of Justice (incorporating the Court of First Instance...

External links

  • Article on EUABC.com
  • European Court's official website (English)

  Results from FactBites:
 
Project on International Courts and Tribunals (301 words)
The Court of Justice of the European Communities (ECJ) is the common judicial organ of the three European Communities: the European Coal and Steel Community (ECSC), the European Atomic Energy Community (Euratom) and the European Community (EC).
The three European Communities are the economic buttress of the European Union (EU).
Secondly, the three communities are still distinct international organizations with their own distinct body of law and legal personality, and the procedure of the Court acting in its three different capacities has some slight differences.
European Court of Justice - Wikipedia, the free encyclopedia (571 words)
The European Court of Justice (ECJ) is formally known as the 'Court of Justice of the European Communities', i.e.
The ECJ is the supreme court of the European Union.
Employees of the European Commission and other EU institutions currently sue their employer in the Court of First Instance.
  More results at FactBites »


 
 

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