The Court of Justice of the European Union (CJEU)
Reading:
● Paul Craig and Gráinne de Búrca, EU Law: Texts, Cases, and Materials
(6th edn, OUP, 2015), ch.13 (up to p. 482 only), ch. 14.
Art. 19 TEU:
“1. The Court of Justice of the European Union shall
include the Court of Justice, the General Court and
specialised courts. It shall ensure that in the
interpretation and application of the Treaties the law is
observed.
Member States shall provide remedies sufficient to
ensure effective legal protection in the fields covered
by Union law.
2. The Court of Justice shall consist of one judge from
each Member State. It shall be assisted by Advocates-
General.
The General Court shall include at least one judge per
Member State. “
One judgement per case, no dissenting judgements. Do not know disputes between judges.
Appointed by common accord of the governments of the member states
Sit in groups of 3,5,15
There must be a European law issue and question which can only be answered by EU
File papers with argument, European court acknowledges it, and files a report. Other countries can make
observations and representations.
First hearing process takes 6 months, get called for day in Luxembourg. 15 minutes each
Advocate General is asked to make opinion, judges make decision
General court:
Become specialised in competition cases and staff disputes
Designed to relive the burden of the ECJ
Can appeal to ECJ within 2 months
Since 2014, ECJ is main court
Advocate General
- Produces “reasoned submissions” for the Court – in effect their
, opinion on a case before the Court. Does not bind the court, but
very influential.
- The Advocate General often shines additional light on the reasoning
underpinning a judgement. They also often provide a dissenting
voice where the Court disagrees.
Binding precedent does not apply in EU law. Only provides legal reasoning based on the Treaty
The ECJ does not hear appeals from national courts
Direct actions, annulments, failure to act, failure to fulfil obligation, appeals from General court,
preliminary reference (deciding what EU law is - clarify legal problem - most common)
Purpose, interprete, validate and apply European law
Actions for Enforcement
Art. 258 TFEU:
- “If the Commission considers that a Member State has
failed to fulfil an obligation under the Treaties, it shall
deliver a reasoned opinion on the matter after giving
the State concerned the opportunity to submit its
observations.
- If the State concerned does not comply with the
opinion within the period laid down by the
Commission, the latter may bring the matter before the
Court of Justice of the European Union.”
Member states may not implement the law (obligation) in national law. There may be a
punishment.
Procedure we go through to sort out problem
Art 260 - fails to comply with decision of the CJEU, penalty may be applied - provides penalty -
a fine
The need for enforcement:
Creating a legal level playing field
Without effective enforcement, EU law would not be taken seriously. EU law is necessary,
serious issues set at European standard
Fragmentation of the EU single market would take place because some countries do not comply
whereas some do
Resentment between member states would develop
Economic and political integration would be threatened
Stages of Commission enforcement
1. Pre-contentious stage
2. Formal notification
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