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Encyclopedia > European Court of Justice
Official emblem of the ECJ
Official emblem of the ECJ

The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court in the European Union (EU). It has the ultimate say on matters of EU law in order to ensure equal application across the various European Union member states.[1] Image File history File links European_Court_of_Justice_insignia. ... Image File history File links European_Court_of_Justice_insignia. ... The supreme court functions as a court of last resort whose rulings cannot be challenged, in some countries, provinces and states. ... The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU). ... It has been suggested that this article or section be merged into European Union. ...


The body was established in 1952 and is based in Luxembourg City — unlike most other Union institutions which are based in Brussels. The court is composed of one judge per member state although only 13 of them hear a case at any one time in the 'Grand Chamber'. The court is led by a president, since 2003 this has been Vassilios Skouris.[1] Administration District Luxembourg Canton Luxembourg LAU 2 LU00011001 Mayor Paul Helminger Geography Area Area rank 51. ... There are currently five institutions of the European Union which govern the Union. ... It has been suggested that oneseat. ... This article does not cite any references or sources. ... Austria Poland Belgium Bulgaria Cyprus Czech   Rep. ... Vassilios Skouris, (b. ...


The court is assisted by a lower court, the Court of First Instance, dealing with certain issues. Two other courts deal with other responsibilities, the Civil Service Tribunal over employees of the Union's institutions and Court of Auditors (an institution in its own right) over the Union's accounts.[1][2] It should not be confused with the European Court of Human Rights in Strasbourg, which is part of the Council of Europe. The Court of First Instance, created in 1989, is a court of the European Union. ... European Union Civil Service Tribunal, since December 2, 2005 a new specialised tribunal within the European Union institutional framework. ... The European Court of Auditors is one of five institutions of the European Union. ... European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by... For other uses, see Strasburg. ... Anthem Ode to Joy (orchestral)  ten founding members joined subsequently observer at the Parliamentary Assembly observer at the Committee of Ministers  official candidate Seat Strasbourg, France Membership 47 European states 5 observers (Council) 3 observers (Assembly) Leaders  -  Secretary General Terry Davis  -  President of the Parliamentary Assembly Rene van der Linden...

Contents

History

European Union

This article is part of the series:
Politics and government of
the European Union
Image File history File links This is a lossless scalable vector image. ... The European Union or EU is a supranational and international organization of 27 member states. ...


Treaties
Rome · Maastricht (Pillars)
Amsterdam · Nice · Reform
Institutions
Commission

President José Manuel Barroso
Barroso Commission The treaties of the European Union are effectively its constitutional law, making up the EUs primary legislation. ... The Treaty of Rome signing ceremony Signatures in the Treaty The Treaty of Rome refers to the treaty which established the European Economic Community (EEC) and was signed by France, West Germany, Italy, Belgium, the Netherlands and Luxembourg on March 25, 1957. ... The Maastricht Treaty (formally, the Treaty of European Union, TEU) was signed on February 7, 1992 in Maastricht, Netherlands after final negotiations in December 1991 between the members of the European Community and entered into force on November 1, 1993 during the Delors Commission. ... The Treaty of Maastricht which established the European Union, divided EU policies into three main areas, called pillars. ... Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts The Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, commonly known as the Amsterdam Treaty, was signed on... Treaty of Nice The Treaty of Nice is a treaty adopted in Nice by the European Council to amend the two founding treaties of the European Union: the Treaty on European Union, or Maastricht Treaty, which introduced the Euro and the 3-pillar structure of the EU; the Treaty of... The Reform Treaty (also referred to as; future institutional settlement or new legal basis, among others) is a proposed replacement for the Treaty establishing a Constitution for Europe (European Constitution). ... There are currently five institutions of the European Union which govern the Union. ... Berlaymont, the Commissions seat The European Commission (formally the Commission of the European Communities) is the executive branch of the European Union. ... François-Xavier Ortoli, Romano Prodi, José Manuel Barroso and Jacques Delors The President of the European Commission is notionally the highest ranking unelected official within the European Union bureaucracy. ... José Manuel Durão Barroso (pronunced: IPA, ) (born in Lisbon, March 23, 1956) is a Portuguese politician. ... The Barroso Commission is the European Commission that has been in office since 22 November 2004 and is due to serve until 31 October 2009. ...


Parliament

President Hans-Gert Pöttering
MEPs (2004-09 term) Established 1952, as the Common Assembly President Hans-Gert Pöttering (EPP) Since 16 January 2007 Vice-Presidents 14 Rodi Kratsa-Tsagaropoulou (EPP) Alejo Vidal-Quadras (EPP) Gérard Onesta (Greens – EFA) Edward McMillan-Scott (ED) Mario Mauro (EPP) Miguel Angel Martínez Martínez (PES) Luigi Cocilovo (ALDE) Mechtild... The President of the European Parliament oversees all the activities of the European Parliament and its constituent bodies. ... Hans-Gert Pöttering (often written as Poettering; born September 15, 1945 in Bersenbrück, Lower Saxony) is a German conservative politician (CDU), and has been President of the European Parliament since January 2007. ... A Member of the European Parliament (English abbreviation MEP)[1] is a member of the European Unions directly-elected legislative body, the European Parliament. ... This is a list giving breakdowns of the European Parliamentary session from 2004 to 2009. ...


Council

Presidency: Portugal (Luís Amado)
High Representative · Voting Established 1952 Presiding Country Portugal President Luís Amado President in Office José Sócrates Members 27 (at one time) Political parties 7, including: European Peoples Party Party of European Socialists Meeting place Justus Lipsius, Brussels, Belgium, European Union Web site http://www. ... The Presidency of the Council of the European Union refers to the responsibility of presiding over all aspects of the Council of the European Union, when exercised collectively by a government, on a pre-established rota of the member states, of the European Union. ... Luís Filipe Marques Amado (b. ... The Common Foreign and Security Policy or CFSP was established as the second of the three pillars of the European Union in the Maastricht treaty of 1992, and further defined and broadened in the Amsterdam Treaty of 1997. ... The procedures for Voting in the Council of the European Union are described in the treaties of the EU. The Council of the European Union was instituted under this name in the Maastricht Treaty. ...


Other & Future Institutions

Court of Justice · Court of Auditors
Central Bank · European Council
There are currently five institutions of the European Union which govern the Union. ... There are currently five institutions of the European Union which govern the Union. ... The European Court of Auditors is one of five institutions of the European Union. ... This article deals with the meeting of European Union leaders. ...

Elections
Last election (2004) · 2007 by-election
Next election (2009) · Constituencies
Parties · Parliamentary groups
Related topics
States · Enlargement · Foreign relations
Law · EMU · Other bodies · Agencies

Other countries · Atlas
 Politics Portal
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Further information: History of the European Union

The court was established in 1952, by the Treaty of Paris (1951), for the European Coal and Steel Community.[1] It was established with seven judges, considered an ideal number to allow for representation and an unequal number in case of a tie. One would be appointed from each member state and the seventh would be elected by representatives of the trade unions in the coal and steel industries. It became an institution when the Treaties of Rome established the European Economic Community (EEC) and the European Atomic Energy Community (Euratom). Although all three communities were separate, under the Convention of 25 March 1957 they shared some common institutions; these being the Parliamentary Assembly and the Court. It was with this that the Court of the ECSC became the Court of Justice of the European Communities.[3][4] Elections in the European Union gives information on election and election results in the European Union. ... Elections to the European Parliament were held from June 10, 2004 to June 13, 2004 in the 25 member states of the European Union, using varying election days according to local custom. ... In early 2007, Bulgaria and Romania will elect their members of the European Parliament for the first time. ... Elections to the European Parliament will be held in June 2006 in the then–27 member states of the European Union, using varying election days according to local custom. ... European Parliament electoral system is proportional representation. ... The European political party, or formally political party at European level, is a type of political party organization in the European Union, eligible to receive funding from the Union. ... Political Groups in the European Parliament combine the MEPs from European political parties, informal European political blocs, and independents, into powerful coalitions. ... // Origins of the EU History of the European Union European Coal and Steel Community (ECSC) Euratom Single market. ... Austria Poland Belgium Bulgaria Cyprus Czech   Rep. ... The European Union (EU) was created by six founding states in 1957 (following the earlier establishment by the same six states of the European Coal and Steel Community in 1952) and has grown to 27 member states. ... Foreign relations of the European Union Foreign relations of Austria Foreign relations of Belgium Foreign relations of Cyprus Foreign relations of the Czech Republic Foreign relations of Denmark Foreign relations of Estonia Foreign relations of Finland Foreign relations of France Foreign relations of Germany Foreign relations of Greece Foreign relations... The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU). ... In economics, a monetary union is a situation where several countries have agreed to share a single currency among them. ... There are currently five institutions of the European Union which govern the Union. ... The agencies of the European Union (or decentralised bodies of the European Union) are bodies which are distinct from the European Unions institutions, in that they have not been created by the treaties but rather by acts of secondary legislation, in order to accomplish a very specific task. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... The European Union is a unique geo-political entity covering a large portion of the European peninsula. ... The Treaty of Paris, signed on April 18, 1951 between Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands established the European Coal and Steel Community (ECSC), which subsequently became part of the European Union. ... Members of the European Coal and Steel Community Flag of the European Coal and Steel Community The European Coal and Steel Community (ECSC) was founded in 1951 (Treaty of Paris), by France, West Germany, Italy, Belgium, Luxembourg and the Netherlands to pool the steel and coal resources of its member... The Treaty of Rome signing ceremony Signatures in the Treaty The Treaty of Rome refers to the treaty which established the European Economic Community (EEC) and was signed by France, West Germany, Italy, Belgium, the Netherlands and Luxembourg on March 25, 1957. ... The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... The European Atomic Energy Community, or EURATOM, is an international organization composed of the members of the European Union. ... Established 1952, as the Common Assembly President Hans-Gert Pöttering (EPP) Since 16 January 2007 Vice-Presidents 14 Rodi Kratsa-Tsagaropoulou (EPP) Alejo Vidal-Quadras (EPP) Gérard Onesta (Greens – EFA) Edward McMillan-Scott (ED) Mario Mauro (EPP) Miguel Angel Martínez Martínez (PES) Luigi Cocilovo (ALDE) Mechtild...


When in 1992 the Maastricht Treaty created the European Union, the name of the court did not change like the other institutions, with its powers primarily being over the European Community pillar of the union. However the 1957 convention was replaced when the Treaty of Amsterdam outlined the court as an official and separate institution with its clear powers and responsibilities. It was already established as the official law court of the communities in 1988.[4] The Maastricht Treaty (formally, the Treaty of European Union, TEU) was signed on February 7, 1992 in Maastricht, Netherlands after final negotiations in December 1991 between the members of the European Community and entered into force on November 1, 1993 during the Delors Commission. ... The European Community (EC) was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... The Amsterdam Treaty (in full: Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts) which was signed on October 2, 1997, and entered into force on May 1, 1999, made substantial changes to the Treaty on European Union which...


Overview

The ECJ is the highest court of the European Union in matters of Community law, but not national law with each member having its own legal system. Its makes sure that EU-level legislation is interpreted and applied in the same manner across the whole of the EU. This is to avoid national courts interpreting the same legislation differently. Its decisions are binding, ensuring member states, and institutions follow the law. For example if a state fails to implement a directive or the Commission acts outside its power. The court can also settle legal dispites between states, institutions, businesses and individuals.[1] The supreme court functions as a court of last resort whose rulings cannot be challenged, in some countries, provinces and states. ... The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU). ... Austria Poland Belgium Bulgaria Cyprus Czech   Rep. ... There are currently five institutions of the European Union which govern the Union. ... A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. ... Berlaymont, the Commissions seat The European Commission (formally the Commission of the European Communities) is the executive branch of the European Union. ...

The Court in Luxembourg
The Court in Luxembourg

There is a court below the ECJ called the Court of First Instance. It was created in 1989 and is attached to the Court of Justice. It gives rulings on certain cases, particularly those brought by private individuals, companies and some organisations. It also deals with competition law. Attached to this court is the Civil Service Tribunal. Established in 2005, it deals with disputes between the EU and the European civil service.[1] A number of high level judges have also called for a centralised EU court to deal with the patent law of the European Union.[5] Image File history File linksMetadata Europäischer_Gerichtshof. ... Image File history File linksMetadata Europäischer_Gerichtshof. ... The Court of First Instance, created in 1989, is a court of the European Union. ... Antitrust redirects here. ... European Union Civil Service Tribunal, since December 2, 2005 a new specialised tribunal within the European Union institutional framework. ... European Union patent law is a subset of European patent law. ...


Organisation

Further information: List of Members of the European Court of Justice

As of January 2007, the Court of Justice is made up of 27 Judges and 8 Advocates General. Should the Court so request, the Council of the European Union may, acting unanimously, increase the number of Advocates General. The Judges and Advocates General are appointed by common accord of the governments of the member states and hold office for a renewable term of six years. They are chosen from legal experts whose independence is 'beyond doubt' and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are of recognised competence. 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.[3] As of August 17, 2006: Categories: | | | ...


The President of the Court of Justice is elected from among the judges every three years (renewable term). The president presides over hearings and deliberations, directing judicial business and administration (for example, the time table of the Court and Grand Chamber). He or she also assigns cases to the chambers for inquiries and appoints a judge as a rapporteur.[6] The Council may also appoint Assistant Rapporteurs to assist the President in applications for the adoption of interim measures and to assist Judge-Rapporteurs in the performance of their duties.[citation needed]

Vassilios Skouris, the current President of the Court
Vassilios Skouris, the current President of the Court
Term President State
1952–1958 Massimo Pilotti Flag of Italy Italy
1958–1964 Andreas Matthias Donner Flag of the Netherlands Netherlands
1964–1967 Charles Léon Hammes Flag of Luxembourg Luxembourg
1967–1976 Robert Lecourt Flag of France France
1976–1980 Hans Kutscher Flag of Germany Germany
1980–1984 Josse Mertens de Wilmars Flag of Belgium Belgium
1984–1988 John Mackenzie-Stuart Flag of the United Kingdom United Kingdom
1988–1994 Ole Due Flag of Denmark Denmark
1994–2003 Gil Carlos Rodriguez Iglesias Flag of Spain Spain
2003–present Vassilios Skouris Flag of Greece Greece
Source: The Presidents of the Court of Justice. European NAvigator. Retrieved on 2007-07-13.


Image File history File links Metadata Size of this preview: 434 × 600 pixelsFull resolution (1772 × 2449 pixel, file size: 888 KB, MIME type: image/jpeg) ‹ The template below (EUAVS) is being considered for deletion. ... Image File history File links Metadata Size of this preview: 434 × 600 pixelsFull resolution (1772 × 2449 pixel, file size: 888 KB, MIME type: image/jpeg) ‹ The template below (EUAVS) is being considered for deletion. ... Vassilios Skouris, (b. ... Massimo Pilotti (August 1, 1879-April 29, 1962) was an Italian jurist and judge. ... Image File history File links Flag_of_Italy. ... Image File history File links Flag_of_the_Netherlands. ... Image File history File links Flag_of_Luxembourg. ... Image File history File links This is a lossless scalable vector image. ... Image File history File links Flag_of_Germany. ... Image File history File links Flag_of_Belgium_(civil). ... Alexander John Mackenzie Stuart, Baron Mackenzie-Stuart (18 November 1924 – 1 April 2000) was a advocate and judge in Scotland before becoming the first judge from the UK, and later President, of the European Court of Justice in Luxembourg. ... Image File history File links Flag_of_the_United_Kingdom. ... Ole Due (1931 - January 21, 2005 in Hillerød), was a Danish judge and the President of the European Court of Justice. ... Image File history File links Flag_of_Denmark. ... Gil Carlos Rodíguez Iglesias, (b. ... Image File history File links Flag_of_Spain. ... Vassilios Skouris, (b. ... Image File history File links Flag_of_Greece. ... Screenshot of ENA The European NAvigator (ENA) is an an educative platform providing a lot of information about the History of Europe and its institutions since 1945. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 194th day of the year (195th in leap years) in the Gregorian calendar. ...


The court is assisted by eight advocates general who are responsible for presenting, with complete impartiality and independence, an ‘opinion’ in the cases assigned to them. They can question the parties involved and then give their opinion on a legal solution to the case before the judges deliberate and deliver their judgment. Officially, the opinion given does not have to be followed by the Judges. Since 2003, advocates general are only required to give their opinion if the Court considered the case raises a new point of law.[1][7] 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 (2007), Slovenia, Slovakia and Portugal are thus represented. However, being only a little smaller than Spain, Poland has repeatedly requested a permanent Advocate General. It hopes to gain one in part of the deal on the Reform Treaty.[8] The Reform Treaty (also referred to as; future institutional settlement or new legal basis, among others) is a proposed replacement for the Treaty establishing a Constitution for Europe (European Constitution). ...


Registry

The Registrar is the secretary general of the court. It manages departments under the authority of the Court's President.[7] He or she also has same court duties as the registrar or clerk of a national court and is appointed by the Court for a renewable term of six years. The Court may also appoint one or more Assistant Registrars. He or she helps the Court, the Chambers, the President and the Judges in all their official functions. He or she is responsible for the Registry as well as for the receipt, transmission and custody of documents and pleadings which have been entered in a register initialled by the President. He or she is Guardian of the Seals and is responsible for the Court's archives and publications. The Registrar is responsible for the administration of the Court, its financial management and its accounts, and he is helped by an administrator. The operation of the Court is in the hands of officials and other servants who are responsible to the Registrar under the authority of the President. The Court administers its own infrastructure; this includes the language service, which plays a particularly important role.[citation needed] A large number of international organizations and other bodies have a secretary general or secretary-general as their chief administrative officers or in other administrative capacities. ... The word clerk, derived from the Latin clericus meaning cleric, i. ...


Chambers

The Court of Justice may sit as a full Court, in a Grand Chamber (13 Judges), or in chambers of three or five Judges. It sits in a Grand Chamber when a Member State or a Community institution that is a party to the proceedings so requests, or in particularly complex or important cases. Other cases are heard by a chamber of three or five Judges. The Presidents of the chambers of five Judges are elected for three years, the Presidents of the chambers of three Judges for one year. The Court sits as a full Court in the very exceptional cases exhaustively provided for by the Treaty (for instance, where it must compulsorily retire the European Ombudsman or a Member of the European Commission who has failed to fulfil his obligations) and where the Court considers that a case is of exceptional importance.[1]


The quorum for the full Court is 15. The court acts as a collegiate body: decisions are those of the court rather than of individual judges; no minority opinions are given and indeed the existence of a majority decision rather than unanimity is never suggested.[citation needed] Look up quorum in Wiktionary, the free dictionary. ...


Jurisdiction

It is the responsibility of the Court of Justice to ensure that the law is observed in the interpretation and application of the Treaties of the European Union and of the provisions laid down by the competent Community institutions. To enable it to carry out that task, the Court has wide jurisdiction to hear various types of action. The Court has competence, inter alia, to rule on applications for annulment or actions for failure to act brought by a Member State or an institution, actions against Member States for failure to fulfil obligations, references for a preliminary ruling and appeals against decisions of the Court of First Instance.[citation needed] The treaties of the European Union are effectively its constitutional law, making up the EUs primary legislation. ... This page includes English translations of several Latin phrases and abbreviations such as . ... This article is about the legal term. ...


Forms of action

Shortcut: WP:-( Vandalism is indisputable bad-faith addition, deletion, or change to content, made in a deliberate attempt to compromise the integrity of the encyclopedia. ... Shortcut: WP:-( Vandalism is indisputable bad-faith addition, deletion, or change to content, made in a deliberate attempt to compromise the integrity of the encyclopedia. ...

Actions for failure to fulfil obligations

Such proceedings enable the Court of Justice to determine whether a Member State has fulfilled its obligations under Community law. The commencement of proceedings before the Court of Justice is preceded by a preliminary procedure conducted by the Commission, which gives the Member State the opportunity to reply to the complaints against it. If that procedure does not result in termination of the failure by the Member State, an action for breach of Community law may be brought before the Court of Justice. That action may be brought by the Commission – as is practically always the case – or by another Member State. If the Court finds that an obligation has not been fulfilled, the Member State concerned must terminate the breach without delay. If, after new proceedings are initiated by the Commission, the Court of Justice finds that the Member State concerned has not complied with its judgement, it may, upon the request of the Commission, impose on the Member State a fixed or a periodic financial penalty. In general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, for example. ...


Actions for annulment

By an action for annulment, the applicant seeks the annulment of a measure adopted by an institution (regulations, directives, decisions). An action for annulment may be brought by a Member State, by the Community institutions (Parliament, Council, Commission) or by individuals to whom a measure is addressed or which is of direct and individual concern to them.


Actions for failure to act

The Court of Justice and the Court of First Instance may also review the legality of a failure to act on the part of a Community institution. However, such an action may be brought only after the institution has been called on to act. Where the failure to act is held to be unlawful, it is for the institution concerned to put an end to the failure by appropriate measures.


Application for compensation based on non contractual liability

In applications for compensation, based on non-contractual liability, the Court of First Instance rules on the liability of the Community for damage caused to citizens and to undertakings by its institutions or servants in the performance of their duties. Compensation has several different meanings as indicated below. ... In the most general sense, a liability is anything that is a hindrance, or puts individuals at a disadvantage. ...


Appeals on points of law

Lastly, appeals on points of law only may be brought before the Court of Justice against judgements given by the Court of First Instance. If the appeal is admissible and well founded, the Court of Justice sets aside the judgement of the Court of First Instance. Where the state of the proceedings so permits, the Court may itself decide the case. Otherwise, the Court must refer the case back to the Court of First Instance, which is bound by the decision given on appeal. In law, an appeal is a process for making a formal challenge to an official decision. ...


References for a preliminary ruling

References for a preliminary ruling are specific to Community law. Whilst the Court of Justice is, by its very nature, the supreme guardian of Community legality, it is not the only judicial body empowered to apply Community law.


That task also falls to national courts, in as much as they retain jurisdiction to review the administrative implementation of Community law, for which the authorities of the Member States are essentially responsible; many provisions of the Treaties and of secondary legislation - regulations, directives and decisions - directly confer individual rights on nationals of Member States, which national courts must uphold. National courts are thus by their nature the first guarantors of Community law. To ensure the effective and uniform application of Community legislation and to prevent divergent interpretations, national courts may, and sometimes must, turn to the Court of Justice and ask that it clarify a point concerning the interpretation of Community law, in order, for example, to ascertain whether their national legislation complies with that law.


A reference for a preliminary ruling may also seek review of the legality of an act of Community law. The Court of Justice’s reply is not merely an opinion, but takes the form of a judgement or a reasoned order. The national court to which that is addressed is bound by the interpretation given. The Court’s judgement also binds other national courts before which a problem of the same nature is raised. References for a preliminary ruling also serve to enable any European citizen to seek clarification of the Community rules which concern him. Although such a reference may be made only by a national court, which alone has the power to decide that it is appropriate do so, all the parties involved – that is to say, the Member States, the parties in the proceedings before national courts and, in particular, the Commission – may take part in proceedings before the Court of Justice. In this way, a number of important principles of Community law have been laid down in preliminary rulings, sometimes in answer to questions referred by national courts of first instance.


A 2005 study found that German, Belgian and Dutch judges made the most referrals for an interpretation of EU law to the ECJ.


Notable judgements and criticisms

The ECJ has made a number of notable decisions. Early on it ruled that European law took precedence over national law, and in 2005 it extended this to Criminal law.[9] In 1995 with the Bosman ruling court made it illegal for there to be a limit on the number of foreign (EU) players in a football team. It also gave more rights to players who wanted to switch clubs. This was because it restricted the free movement of people across the EU. The affect of this ruling had a profound effect on the industry.[10] In 2001 it ruled that parts of the German Constitution were illegal according to the EU's treaties and had to be amended. This related to the ban on women participating in military combat.[11] The following is a list of notable rulings of the European Court of Justice // Van Gend en Loos [1963] ECR 1 Principle of Direct Effect Costa v ENEL [1964] ECR 585 Principle of Supremacy of Community Law Stauder v Ulm [1969] ECR 115 Human Rights Commission v Council (ERTA) [1971... The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU). ... In football (soccer), the Bosman ruling is a 1995 European Court of Justice decision that allows professional football players in the European Union (EU) to move freely to another club at the end of their term of contract with their present team. ... The Basic Law (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution[1] of Germany. ...


This has drawn criticism from some who see the Court as extending the competencies of the EU with some national leaders regularly criticising the court on this. One idea on where the problem stems from the way the treaties are written. Where there were political differences over what the treaty should contain, the diplomats drafting the text camouflaged the differences by using "mushy" language in the treaty in order to get an agreement. Hence when the Court has had to interpret the treaties and what the articles actually meant, the judges reverted to what the defined purposes and objectives of the treaties were: "to create an ever closer union among the peoples of Europe". However they have also become targets of criticism due to judges generally being easy targets for politicians to lay blame upon, as they do not comment further than their judgements.[12]


Relationship with the Court of Human Rights

The Court of Justice is separate from the European Court of Human Rights. The latter is based in Strasbourg as part of the Council of Europe. Since 1950, it has supervised compliance with the European Convention on Human Rights and thus functions as the highest European court for human rights and fundamental freedoms. All EU members are members of the Council of Europe and have signed the Convention on Human Rights. There are concerns about consistency in case law between the two courts. Hence the Court of Justice refers to the case-law of the Court of Human Rights and treats the Convention on Human Rights as thought it was part of the EU's legal system. Even though its members have joined, the EU as a whole has not. Hence EU institutions are not bound by it. However when the Reform Treaty is ratified, the EU is expected to sign the convention. This would make the Court of Justice bound by the Court of Human Rights and subject to its human rights law. This would solve the problem of conflicting case law.[13][14] European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by... For other uses, see Strasburg. ... Anthem Ode to Joy (orchestral)  ten founding members joined subsequently observer at the Parliamentary Assembly observer at the Committee of Ministers  official candidate Seat Strasbourg, France Membership 47 European states 5 observers (Council) 3 observers (Assembly) Leaders  -  Secretary General Terry Davis  -  President of the Parliamentary Assembly Rene van der Linden... “ECHR” redirects here. ... The Reform Treaty (also referred to as; future institutional settlement or new legal basis, among others) is a proposed replacement for the Treaty establishing a Constitution for Europe (European Constitution). ...


Seat

Further information: Location of European Union institutions
Court of Justice building in Luxembourg
Court of Justice building in Luxembourg

All the EU's judicial bodies are based in Luxembourg. Separate from the political institutions in Brussels and Strasbourg. It is based in the Palais building, currently under expansion, in the Kirchberg district of Luxembourg. It has been suggested that oneseat. ... Image File history File links EUCoJ.jpg‎ I, the creator of this work, hereby release it into the public domain. ... Image File history File links EUCoJ.jpg‎ I, the creator of this work, hereby release it into the public domain. ... For other places with the same name, see Brussels (disambiguation). ... For other uses, see Strasburg. ...


Luxembourg was chosen as the provisional seat of the Court on 1952-07-23 with the establishment of the European Coal and Steel Community. Its first hearing there was held on 1954-10-28 in a building down as Villa Vauban, the seat until 1959 when it would move to the Côte d'Eich building and then to the Palais building in 1972.[15] Year 1952 (MCMLII) was a leap year starting on Tuesday (link will display full calendar) of the Gregorian calendar. ... is the 204th day of the year (205th in leap years) in the Gregorian calendar. ... Members of the European Coal and Steel Community Flag of the European Coal and Steel Community The European Coal and Steel Community (ECSC) was founded in 1951 (Treaty of Paris), by France, West Germany, Italy, Belgium, Luxembourg and the Netherlands to pool the steel and coal resources of its member... Year 1954 (MCMLIV) was a common year (link will display full calendar) of the Gregorian calendar. ... is the 301st day of the year (302nd in leap years) in the Gregorian calendar. ...


In 1965 the member states to establish Luxembourg as the permanent seat of the Court. Future judicial bodies (First Instance and Auditors) would also be based in the city. The decision was confirmed by the European Council at Edinburgh in 1992. However there was no reference to future bodies being in Luxembourg. In reaction to this, the Luxembourgian government issued its own declaration stating it did not surrender those provisions agreed upon in 1965. The Edinburgh decision was attached to the Amsterdam Treaty. With the Treaty of Nice Luxembourg attached a declaration stating it did not claim the seat of the Boards of Appeal of the Office for Harmonisation in the Internal Market - even if it were to become a judicial body.[15] This article deals with the meeting of European Union leaders. ... For other uses, see Edinburgh (disambiguation). ... Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts The Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, commonly known as the Amsterdam Treaty, was signed on... Treaty of Nice The Treaty of Nice is a treaty adopted in Nice by the European Council to amend the two founding treaties of the European Union: the Treaty on European Union, or Maastricht Treaty, which introduced the Euro and the 3-pillar structure of the EU; the Treaty of...


Future rename

The Reform Treaty (and also the European Constitution that failed to ratify) will rename the Court of Justice of the European Communities officially to "Court of Justice". The Court of First Instance will be renamed "General Court", and the term "Court of Justice of the European Union" will officially designate the two levels of jurisdiction taken together.[16] The Reform Treaty (also referred to as; future institutional settlement or new legal basis, among others) is a proposed replacement for the Treaty establishing a Constitution for Europe (European Constitution). ... The Treaty establishing a Constitution for Europe, commonly referred to as the European Constitution, is an international treaty intended to create a constitution for the European Union. ... The Court of First Instance, created in 1989, is a court of the European Union. ...


See also

The following is a list of notable rulings of the European Court of Justice // Van Gend en Loos [1963] ECR 1 Principle of Direct Effect Costa v ENEL [1964] ECR 585 Principle of Supremacy of Community Law Stauder v Ulm [1969] ECR 115 Human Rights Commission v Council (ERTA) [1971... European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by...  EFTA court jurisdiction  ECJ jurisdiction The European Free Trade Association Court is a supranational court covering the three European Free Trade Association (EFTA) members who are also members of the European Economic Area (EEA);  Iceland  Liechtenstein  Norway As members of the EEA, the three countries have access to the internal...

References

  1. ^ a b c d e f g h The Court of Justice. Europa (web portal). Retrieved on 2007-07-13.
  2. ^ The European Court of Auditors. Europa (web portal). Retrieved on 2007-07-13.
  3. ^ a b Muñoz, Susana. Composition of the Court of Justice, the Court of First Instance of the European Communities and of the Civil Service Tribunal. Europa (web portal). Retrieved on 2007-07-13.
  4. ^ a b Muñoz, Susana. The Court of Justice and the Court of First Instance of the European Communities. Europa (web portal). Retrieved on 2007-07-13.
  5. ^ Sherwood, Bob (2005-11-03). Europe’s top judges start campaign on patent cases. Financial Times. Retrieved on 2007-08-27.
  6. ^ Muñoz, Susana. Organisation of the Court of Justice and the Court of First Instance of the European Communities. European NAvigator. Retrieved on 2007-07-13.
  7. ^ a b The Court of Justice of the European Communities. Court of Justice. Retrieved on 2007-08-27.
  8. ^ Beunderman, Mark (2007-09-03). Poland seeks EU court adviser post in treaty talks. EU Observer. Retrieved on 2007-09-03.
  9. ^ EU law supremacy even in criminal matters. Euractiv (2005-06-17). Retrieved on 2007-07-13.
  10. ^ Fordyce, Tom (2005-12-14). http://news.bbc.co.uk/sport1/hi/football/4528732.stm. BBC News. Retrieved on 2007-08-27.
  11. ^ Germany votes for women in combat. BBC News (2000-10-27). Retrieved on 2007-07-13.
  12. ^ Planzer, Simon (2007-09-29). The arrongant judges in Luxembourg and what it is actually about. EU Observer. Retrieved on 2007-09-02.
  13. ^ Juncker, Jean-Claude (2006). Council of Europe - European Union: "A sole ambition for the European continent" (PDF). Council of Europe. Retrieved on 2007-07-28.
  14. ^ Draft treaty modifying the treaty on the European Union and the treaty establishing the European community (PDF). Open Europe (2007-07-24). Retrieved on 2007-07-28.
  15. ^ a b Muñoz, Susana. Seat of the Court of Justice and the Court of First Instance of the European Communities.. European NAvigator. Retrieved on 2007-07-28.
  16. ^ See SCADPlus: The Institutions of the Union and article 2.3n of the Draft Reform Treaty of 23 July 2007

Europa (also written EUROPA), the official web portal of the European Union, is designed to improve the public’s interaction with the EU institutions by quickly directing website visitors to the services or information they are seeking. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 194th day of the year (195th in leap years) in the Gregorian calendar. ... Europa (also written EUROPA), the official web portal of the European Union, is designed to improve the public’s interaction with the EU institutions by quickly directing website visitors to the services or information they are seeking. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 194th day of the year (195th in leap years) in the Gregorian calendar. ... Europa (also written EUROPA), the official web portal of the European Union, is designed to improve the public’s interaction with the EU institutions by quickly directing website visitors to the services or information they are seeking. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 194th day of the year (195th in leap years) in the Gregorian calendar. ... Europa (also written EUROPA), the official web portal of the European Union, is designed to improve the public’s interaction with the EU institutions by quickly directing website visitors to the services or information they are seeking. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 194th day of the year (195th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 307th day of the year (308th in leap years) in the Gregorian calendar. ... The Financial Times (FT) is a British international business newspaper. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 239th day of the year (240th in leap years) in the Gregorian calendar. ... Screenshot of ENA The European NAvigator (ENA) is an an educative platform providing a lot of information about the History of Europe and its institutions since 1945. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 194th day of the year (195th in leap years) in the Gregorian calendar. ... Europa (also written EUROPA), the official web portal of the European Union, is designed to improve the public’s interaction with the EU institutions by quickly directing website visitors to the services or information they are seeking. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 239th day of the year (240th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 246th day of the year (247th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 246th day of the year (247th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 168th day of the year (169th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 194th day of the year (195th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 348th day of the year (349th in leap years) in the Gregorian calendar. ... BBC News is the department within the BBC responsible for the corporations news-gathering and production of news programmes on BBC television, radio and online. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 239th day of the year (240th in leap years) in the Gregorian calendar. ... BBC News is the department within the BBC responsible for the corporations news-gathering and production of news programmes on BBC television, radio and online. ... Year 2000 (MM) was a leap year starting on Saturday (link will display full 2000 Gregorian calendar). ... is the 300th day of the year (301st in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 194th day of the year (195th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 272nd day of the year (273rd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 245th day of the year (246th in leap years) in the Gregorian calendar. ... Jean-Claude Juncker Jean-Claude Juncker (born December 9, 1954) is the Prime Minister and Finance Minister of Luxembourg, and until July 1, 2005, was president of the European Council, a position he also previously held in 1997. ... Anthem Ode to Joy (orchestral)  ten founding members joined subsequently observer at the Parliamentary Assembly observer at the Committee of Ministers  official candidate Seat Strasbourg, France Membership 47 European states 5 observers (Council) 3 observers (Assembly) Leaders  -  Secretary General Terry Davis  -  President of the Parliamentary Assembly Rene van der Linden... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 209th day of the year (210th in leap years) in the Gregorian calendar. ... This article needs to be cleaned up to conform to a higher standard of quality. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 205th day of the year (206th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 209th day of the year (210th in leap years) in the Gregorian calendar. ... Screenshot of ENA The European NAvigator (ENA) is an an educative platform providing a lot of information about the History of Europe and its institutions since 1945. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 209th day of the year (210th in leap years) in the Gregorian calendar. ...

External links


  Results from FactBites:
 
European Court of Justice - Wikipedia, the free encyclopedia (657 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.
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.
  More results at FactBites »


 

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