The CJEU is the highest court in the European Union. The CJEU`s position as the final arbiter in EU legal affairs is one of the defining features that make the European Union more than an international standardisation organisation. It was established in 1952 to settle disputes on behalf of the European Coal and Steel Community. It now consists of 28 judges appointed by the Member States and 8 advocates-general who deliver opinions on cases pending before the Court of Justice. The number of judges has increased with each enlargement. His work is supported by a lower court created in 1989: the Court of First Instance (Corbett, Peterson & Bomberg, 2012, p. 64). The CJEU is a multilingual institution and the 24 EU languages can be the languages of proceedings. In order to avoid divergent interpretations of EU law by national courts, the preliminary ruling procedure allows for cooperation between national courts and the Court of Justice. Where a case involving an interpretation of Union law is brought before a national court and there are doubts as to its interpretation, the national court may refer the matter to the Court of Justice for a ruling. The Court of Justice shall rule on the interpretation or application of the law and shall communicate that decision to the national court. The national court must then transpose that decision to the dispute before it.
However, the working language of the court is French, and it is in this language that the judges are deliberated, the pleadings and the written pleadings, in which the judgment is written. [29] Advocates General, on the other hand, can work and deliver their Opinion in any official language, since they do not participate in the deliberations. These notices are then translated into French for the benefit of the judges and their deliberations. [30] The Court of Justice was established in 1952 by the Treaty of Paris (1951) within the framework of the European Coal and Steel Community. [3] It was established with seven judges, so that all six Member States are represented and there is an odd number of judges in the event of a tie. One judge was appointed per Member State and the seventh seat was allocated in turn to the “larger Member States” (West Germany, France and Italy). It became an institution of two additional communities in 1957, with the creation of the European Economic Community (EEC) and the European Atomic Energy Community (Euratom), sharing the same courts as the European Coal and Steel Community. The initiation of proceedings before the Court is preceded by a pre-litigation procedure conducted by the Commission, which gives the Member State the opportunity to reply to the complaints raised against it. The Court ruled that if the European Commission does not send the formal letter to the offending Member State, no one can force it. [23] If this procedure does not result in the Member State defaulting, an action for infringement of Union law may be brought before the Court of Justice. The court acts as a collegiate body: decisions are those of the court and not those of individual judges; No minority opinion is expressed and, in fact, the existence of majority voting instead of unanimity is never suggested.
[21] The Court of Justice of the European Union (CJEU) is the judicial body of the European Union. This means that these are disputes between the parties, as do the Irish courts. The CJEU ensures that EU law is interpreted and applied in the same way in all Member States. The CJEU may hear cases brought by national courts under the preliminary ruling system. In doing so, a national court refers a question on the interpretation of EU law to the CJEU. The CJEU rules on the correct interpretation and refers the case back to the national court for final judgment. It is always for the national court to decide on questions of law of its own nation. The Court of Justice rules on the interpretation of Union law for the national courts of the EU Member States and hears various actions involving Member States and institutions, including actions brought by the European Commission or a Member State for failure by a Member State to fulfil its obligations under Union law; actions brought by a Member State against the European Parliament or the European Commission, or by one Union institution against another, for annulment of a regulation, directive or decision; and appeals against judgments of the Court of First Instance.
The General Court hears actions for failure to act brought by Member States, institutions and natural or legal persons, including actions for failure to act brought by natural or legal persons against the institutions of the European Union or for annulment of a regulation, directive or decision; actions brought by a Member State against the European Commission; and various measures against the EU institutions on specific issues such as state aid, trade, intellectual property or labour relations. The constitutional courts of the Member States are generally reluctant to refer the matter to the Court of Justice of the European Communities. [26] The European Commission can also refer a case against an EU country to the courts. In these cases, the court must decide whether the Member State has failed to fulfil its obligations towards the EU. In certain limited cases, for example: if a state is a repeat offender and has not transposed an EU directive, the court can impose a fine on a member state. An EU country can also sue another member. This does not happen often, only when there is a political interest of the State in asking the Court about a question of EU law. Individuals or undertakings may also bring an action for annulment of EU law if they can prove that the law in question is of direct and individual concern to them. To bring an action for annulment, you must seek legal advice and/or representation. You do not first need to go to the national courts to bring an action for annulment before the CJEU. If you lose the case before the CJEU, you can bear the costs of both parties.
If you succeed, your costs will be covered by the EU and the law will be declared null and void throughout the EU. According to Art. 3 para. On 21 December 2020, in paragraph 1 of Regulation 2015/2422, the Court of Justice presented a report on the functioning of the General Court, drawn up by an external consultant. In particular, Article 3(1) of Regulation (EU) 2015/2422 required the report to focus on the efficiency of the General Court, the need for and effectiveness of the increase to 56 judges, the use and effectiveness of resources, as well as the further establishment of specialised chambers and/or other structural changes. Where appropriate, the Court of Justice is required to submit legislative requests for amendments to its Statute accordingly. The Registrar shall be the principal administrator of the Court of Justice. They shall direct the departments under the authority of the President of the Court of Justice. [17] The Court may also appoint one or more Deputy Registrars.
They shall assist the Court of Justice, the Chambers, the President and the Judges in all their official duties. They shall be responsible for the registry and for the receipt, transmission and preservation of documents and pleadings entered in a register initialled by the President. They are the custodians of the seals and responsible for the archives and publications of the court. The Court of Justice is therefore the judicial authority of the Union and, in cooperation with the courts of the Member States, ensures the uniform application and interpretation of Union law. The CJEU has its origins in the individual courts established in the 1950s for the European Coal and Steel Community (ECSC), the European Economic Community (EEC) and the European Atomic Energy Community (EAEC). The role of the courts is to ensure that these organizations respect the law in the interpretation and application of the treaties that established them. In 1957, the Treaty of Rome created a unified CJEU to serve the three European Communities, later called the European Community (EC). The EU absorbed the EC in 1993 and legally replaced it in 2009.
