The European Court of Justice Organization and Jurisdiction

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Presentation transcript:

The European Court of Justice Organization and Jurisdiction Tamara Ćapeta Jean Monnet Chair 2016

EU Judicial System (curia.europa.eu) 2 Courts at the European level European Court of Justice (C-11/06) General Court [ex Court of First Instance] (T-11/06) till 2016 also: Civil Service Tribunal (F-11/06) All Member States’ Courts

Who are the judges? Court of Justice General Court

European Court of Justice – Internal Organization One judge from each Memeber State (currently 28) 11 Advocates General Appointed by common accord of Member States for period of 6 years, renewable Lisbon: consultative panel in the appointment process (255 ToFEU) Seats in 3 or 5 judges Chambers, Grand Chamber (15 judges) or in plenary session

General Court - Internal Organization At least one judge from each Member State Current reform – 2 judges per Member State (in stages by 2019) No Advocates General Appointment for 6 years (renewable) by common accord of Member States Judges in 3 or 5 Chambers, as single judge, rarely Grand Chamber or plenary

Civil Service Tribunal Was the only ever established specialised tribunal dismantled on 1 September 2016 and included in the General Court 7 judges Appointed by the Council, after obtaining opinion of the Panel Mandate – 6 years, renewable

How does the CJEU decide? Deliberates in Chambers of 3 or 5 judges Grand Chamber (15 judges) or plenum

Decision-making in the Court Secret deliberations French Decisions – colegiality No separate opinions Appearance of unanimity – good and bad sides

Jurisdiction Court of limited jurisdiction Member States’ courts have jurisdiction in all issues in which the European Court lacks it Lisbon Treaty – full jurisdiction in the former third pillar No jurisdiction in CFSP (with exception) [275 TFEU]

Most Important Powers Control of Member States: 258 – 260 TFEU [ex 226-228 EC] Judicial Review of EU Law : Article 263 UFEU; Article 267 TFEU [ex 230-231 EC; 234 EC] Preliminary Ruling : 267 TFEU [ex 234 EC]

Control of Member States Action Infringment or infraction procedure Procedure initiated (in principle) by the Commission Two phases of procedure: prejudicial + judicial Possibility of sanctioning States by financial penalties (since the Maastricht Treaty)

Judicial Review of EU Law Direct Action for Annulment Privileged, semi-privileged and non-privileged applicants Consequence of illegality: annulment of the act ex tunc Indirect Way of Judicial Review – national court + preliminary ruling on validity Plea of Illegality [277 TFEU] Action in Damages against EU Institutions [268 TFEU]

Preliminary Ruling In interpretation or assessment of validity of EU law Basic Purpose – to achieve uniformity in the application of EU law Communication between European and National Courts Difference between National Courts of lower and of last instances (+ difference between validity or interpretation)