The European Court of Justice Organization and Jurisdiction

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Presentation transcript:

The European Court of Justice Organization and Jurisdiction Tamara Ćapeta (2011)

EU Judicial System (curia.europa.eu) 3 Courts at the European level European Court of Justice (C-11/06) General Court [ex Court of First Instance] (T-11/06) Civil Service Tribunal (F-11/06) All Member States’ Courts

European Court of Justice – Internal Organization One judge from each Member State (currently 27) 8 Advocates General (nezavisnih odvjetnika) 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 (13 judges) or in plenary session

General Court - Internal Organization At least one judge from each Member State (currently 27) No Advocates General Appointment for 6 years (renewable) by common accord of Member States + consultative panel Seats in 3 or 5 judges Chambers, as single judge, rarely as Grand Chamber or plenary

Civil Service Tribunal 7 judges Appointed by the Council, after obtaining opinion of the Panel Mandate – 6 years, renewable Seats mostly in 3 judges Chambers (other possibilities: plenary, 5 judges Chamber, single judge)

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 ToFEU]

Most Important Powers Control of Member States: Articles 258 – 260 ToFEU Judicial Review of EU Law: Articles 263 UFEU; 267 UFEU Preliminary Ruling: Article 267 ToFEU

Control of Member States Procedure initiated 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 ToFEU] Action in Damages against EU Institutions [268 ToFEU]

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)