The COURT OF JUSTİCE OF THE EU

Judicial activism of the CJEU (1) Critics: CJEU used its broad jurisdiction to expand its role Using a purposive approach to interpreting EU law: Case 283/81 CİLFİT: “every provision of Community law must be placed in its context and interpreted in the light of the provisions of the Community law as a whole, regard being given to the objectives thereof” Court takes a major role in filling gaps in EU legislation For this reason: accused of usurping the role of both the EU legislators and policy-makers Such activism  denied by the Court : argue that has gone no further than has been necessary to give effect to the Treaties

Judicial activism of the CJEU (2) Conclusion: can not be denied that Court has produced some particularly dynamic decisions Case 26/26, Van Gend and Loos Case 6/64, Costa v ENEL Developed the principles of Direct Effect and Supremacy NOW: CJEU plays a far less proactive role because of the developing EU’s legal order

Procedure before CJEU Procedure can be divided into 2 stages: oral and written (emphasis on written stage!) First: written stage:Relevant documents being communicated to all parties and published in the Official Journal of the European Union Second: Oral stage: at the end of the written stage, cases may be argued orally in open court. Following this hearing, the AG will deliver his/her opinion Judges may sit in chambers OR in plenary session (with all judges): they deliberate behind closed doors Delivers their judgment in open court Judgment will be published in all official languages Judgment will include the reasoning on which it is based

The european central bank (arts 282 to 284 tfeu)

functions Was created followinng the TEU (1992) but is now an İnstitution of the EU ECB together with the national banks = ESCB (European System of Central Banks) Functions: Main role: maintain price stability within the Eurozone by ensuring that inflation is kept as low as possible Administrating the monetary policy of the Member States that have the EURO as their currency  the EUROZONE Controls foreign reserves İssues euro banknotes Works together with the national and international banking systems to maintain a stable financial system

The court of auditors (arts 285 to 287 TFEU)

Composition CoA became an İnstitution of the EU with the TEU (1992) İmportant note: it is NOT a court at all as it has NO judicial functions Composition: 1 member from each Member State both council and EP are involved in the appiontment procedures Auditors must be appropriately qualified Their independence must be beyond doubt CoA called the “taxpayer’s representative’ or “watchdog of the EU’s money”: Because Union’s budget has increased, so the prominence of the CoA BUT still remains ‘low key’ compared to other main institutions

Functions Every institutions and body that has acces to the Union funds  subject to the scrutiny of the CoA Provides a check that all requirements are observed and also that the Union is receiving value for money Publishes an annual report: highlighting the areas where improvements are possible or desirable Provides the EP and the Council with ‘a Statement of Assurance’: declares that the EU monney has been spent for their purposes

OTHEr community bodies

The Economic and Social Committee (arts 300 t0 304 TFEU) The ESC is a consultative body: represents a variety of sectional interests Composition: 350 representatives from a broad cross-section of EU society: workers, employees, farmers, craftsmen, professionals, consumer groups,… Meetings: monthly According to TFEU: draft legislation in specific policy areas must be refer to the Committee Majority of the new EU laws are adopted only following input from the ESC

The Committee of Regions (arts 300 to 205 TFEU) CoR established by the TEU (1992): as a consequence of the creation of the internal market, no borders anymore  CoR = response to people’s fears of over-centralisation Composition: 350 members Respresent regional and local interests CoR has direct expierence of how EU policies affect the everyday life of citizens  its expertise allows it to bring a powerful influence to bear

The European İnvestment Bank (arts 308 to 209 TFEU) EİB is the EU’s financining İnstitution: provides long-term loans for capital investments which promote the Union’s economic development and integration Supports regional development İts loans are often accompanied by grants from the EU’s Structural and Cohesion Funds