European And International Justice, Home Affairs And Security Policy (B001507A)
Summary
Summary Competences and composition of the European institutions.
7 views 1 purchase
Course
European And International Justice, Home Affairs And Security Policy (B001507A)
Institution
Universiteit Gent (UGent)
I made a table of each institution with the subject matter in the chapter. In principle, you can skip the chapter and only learn the tables, but there is more context/examples.
European And International Justice, Home Affairs And Security Policy (B001507A)
All documents for this subject (12)
Seller
Follow
esperencedubois
Content preview
Court of Justice of the European Union
Composition
General Court of Justice General Court
= The judicial - Consists of 27 judges 1/MS - Consists of 54 judges 2/MS (currently some
institution of the EU. - 11 Advocates-General judges still have to be appointed)
Consists of 2 courts: - Chosen by the governments of the MS for a - Appointed based on a mutual understanding
1. (European) renewable term of 6 years. between the governments of the MS for a
Court of - The judges choose a president of the Court among renewable term of 6 years.
Justice (ECJ) themselves for a renewable term of 3 years. - This appointment has the be upon
2. General Court consultation of the committee that has to
They can sit: offer advice on the suitability of each
The Civil Service 1. As a full court in a Grand Chamber of 15 judges candidate.
Tribunal ceased to In particular cases prescribed by the Statue of the Court.
- They choose a president among themselves.
operate in 2016 and - Including proceedings to dismiss the European - They appoint a clerk for a mandate of 6 years.
its jurisdiction was Ombudsman or a member of the Commission who - No permanent Advocates-General but in a
transferred to the has failed to fulfil his/her obligations. limited number of cases, an ad hoc AG can be
General Court. Where the Court considers that a case is of exceptional appointed amongst the judges (rare practice).
- In the context importance.
of the reform They sit in:
of the EU’s Grand Chamber: 1. Chambers of 3-5 judges
judicial - When a MS or an institution which is a party to the 2. In some cases, as a single Judge
structure. proceedings so requests. 3. Grand Chamber: when this is justified by the
- In particularly complex or important cases. legal complexity or importance of the case.
Appeal:
2. In Chambers of 3-5 judges The decisions of the GC may, within 2 months, be
Other cases. subject to an appeal before the ECJ.
limited to points of law.
, Responsibilities
Court of Justice
General Court Actions for failure to fulfil obligations or for Actions for
Appeal Preliminary rulings
failure to act annulment
Direct actions brought by 1) ECJ has to ensure the respect for and Only against A MS and ECJ makes
natural/legal persons application of the founding treaties of the EU judgments and institutions may decisions on the
against: by the Member States, in determining orders of the seek the interpretation and
1. Actions of the whether a MS has fulfilled its obligations General Court. annulment by the validity of the
institutes, bodies under EU law. ECJ of a measure European law.
and agencies of the If the appeal is adopted by an EU
EU. Disputes can be brought by either the well founded and institution, body of Purpose: To
Which are addressed to European Commission or another MS. admissible: agency. prevent the
them or are of direct and The ECJ sets aside national judges
individual concern to them. How: the judgment of What can they do: interpreting EU law
2. Regulatory acts - Preliminary procedure by the the GC. ECJ may decide to in different ways.
Which concern them Commission in which the MS - Where the temporarily sustain A national judge
directly and which do not concerned is given the opportunity to state of some legal effects. can choose or be
entail implementing reply to the complaints addressed to proceedings obliged to turn to
measures. it. so permits, Special: the ECJ.
3. A failure to act on This is before the case is brought before the ECJ may ECJ has exclusive
the part of those the ECJ. itself decide jurisdiction over Judgments of
institutions, bodies the case actions: the Court are
and agencies. If the procedure does not result in the MS (very - Brought by binding.
ex.: a case brought by a terminating the failure: exceptional MS against
company against a - An action for infringement of EU law practice). the EP Initially: ECJ could
Commission decision may be brought before the ECJ. and/or exert very little
imposing a fine on that Otherwise, it Council. direct influence on
company If the court finds that an obligation has not refers the case - Brought by the 2nd and 3rd
Actions brought by the MS been fulfilled: back to the GC. one EU pillar.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller esperencedubois. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.35. You're not tied to anything after your purchase.
