Summary
Summary legal systems
- Module
- European law
- Institution
- London South Bank University (LSBU)
Summary of 17 pages for the course European law at LSBU (legal systems)
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Court of Justice of the European Union (CJEU)https://curia.europa.eu/jcms/jcms/j_6/en/
Key Treaty provisions: art 19 TEU:
'It shall ensure that in the interpretation and application of the Treaties the law is observed.'
CJEU is a composite court, principally:
• Court of Justice (CJ or previously ECJ)
• General Court (previously Court of First Instance)
Composition
• Judges and Advocate Generals –– whose independence is beyond doubt, art 19
• Appointed for a term of 6 years by the MSs in agreement
• CJ: 1 judge from each MS - either eligible for highest judicial office in own MS or recognised legal
experts (jurisconsults), art 253 TFEU
• General Court: at least 1 judge from each MS - ability for high judicial office in own MS, art 254 TFEU
• Advocate General – gives opinion (when involved), - eligibility as per CJ; art 252 , TFEU
1
,Which EU court?
Relationship between Court of Justice (CJ) and General Court (GC)
• Division of jurisdiction between CJ and GC
• certain types of cases always go to CJ other always go first to GC
• Treaties and Protocol 3 stipulate division of work
• Examples of key actions:
infringement actions against MS art 258 TFEU CJ
judicial review actions against an EU art 263 TFEU CJ or GC
institution
preliminary reference – referring case art 267 TFEU CJ
from a national court
GC cases can be appealed to CJ
2
, Test understanding
Which statement below is the best summary of the relationship between
courts within the EU:
A) A case is first heard by the Advocate General, then the General Court, and
then, if appealed, the Court of Justice
B) a case is first heard by a national court, then the General Court, and then if
appealed, by the Court of Justice
C) A case heard in the General court maybe appealed to the Court of Justice
D) No case can go to the Court of Justice without having been appealed there.
Answer
C) While this answer does not cover all the relationships, it is the best as it
contains no error; the others do: A) Advocate Generals if used will give an
opinion before the courts, but they do not hear/try the case before them; B) if
a case goes from a national court to Luxembourg, it goes straight to the CJ (art
267); D) – cases from national courts are not taken as appeals –it’s a special
procedure knowns as preliminary reference.
3
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