Court of Justice of the European Union (CJEU) & EU institutions Snježana Husinec, PhD shusinec@pravo.hr

The Institutions of the European Union European Council The Council of the European Union (Council of Ministers) European Commission European Parliament Court of Justice of the European Union

Other EU Institutions The European Court of Auditors Match the institutions with their Croatian equivalents: The European Court of Auditors The Economic and Social Committee The Committee of the Regions European Central Bank The European Investment Bank European Ombudsman Odbor regija Gospodarski i socijalni odbor Europska središnja banka Europska investicijska banka Europski pučki pravobranitelj Europski revizijski sud

European Council Comprises 1. all the Heads of State or Government of the Member States; 2. the President; 3. the President of the European Commission meets in Brussels 4 times a year required to “provide the Union with the necessary impetus for its development” and to “define the general political directions and priorities” of the EU (Article 15(1) TEU (but no formal executive or legislative powers) not one of the EU's legislating institutions, so does not negotiate or adopt EU laws but sets the EU's policy agenda (traditionally by adopting 'conclusions' during European Council meetings which identify issues of concern and actions to take)

Council of the European Union THE LEGISLATURE OF THE EU (shares legislative powers with the Parliament) previously called the Council of Ministers – referred to simply as “the Council” ; different from the European Council it is where national ministers from each EU country meet to adopt laws and coordinate policies exercises legislative and budgetary functions (Article 16(1) TEU); interacts with the other institutions as part of the EU’s legislative procedure (changes after the Lisbon treaty (which came into force December 2009) consists of a representative of each Member State at ministerial level from the relevant government department; its composition depends on the subject matter under discussion (e.g. discussion on North Sea fishing stocks – agriculture ministers attend) Committee of Permanent Representatives (COREPER) - ambassadors of each member state in Brussels, prepare the meetings of the Council, keep the ministers informed of any political problems the presidency of the Council rotates among the EU member states every 6 months – the Netherlands holds it until 1st July 2016

European Parliament THE LEGISLATURE OF THE EU - directly-elected EU’s law-making body with supervisory, and budgetary responsibilities Comprises: 751 MEPs (Members of the European Parliament): directly elected by EU voters every 5 years; proportional representation of the Member States depending on the size and population 3 MAIN ROLES Legislative Passing EU laws, together with the Council of the EU, based on European Commission proposals; Deciding on international agreements; Deciding on enlargements; Reviewing the Commission's work programme and asking it to propose legislation; in ordinary legislative procedure consent from both the Parliament and the Council of the EU are necessary for a law to be adopted Supervisory Democratic scrutiny of all EU institutions; Electing the Commission President and approving the Commission as a body; Granting discharge, i.e. approving the way EU budgets have been spent; Examining citizens' petitions and setting up inquiries ; Discussing monetary policy with the European Central Bank; Questioning Commission and Council; Election observations Budgetary Establishing the EU budget, together with the Council; Approving the EU's long-term budget, the "Multiannual Financial Framework"

European Commission THE EXECUTIVE OF THE EU Comprises: 1. 28 Commissioners, one per Member State, (appointed together for a renewable five-year term); selected by Member States; once selected must act on the general interest of the EU rather then on the interests of their Member State); 2. 25,000 employees SPECIFIC FUNCTIONS AND POWERS A) responsible for promoting the “general interest” of the Union B) authorised to take “appropriate initiatives” to promote the Union – the right to propose and draft secondary legislation which it passes on to the European Parliament and Council for approval and ultimate adoption (mostly regulations and directives) C) empowered to commence “enforcement” proceedings against Member States if they are not complying with their obligations under EU law (a “reasoned opinion” is issued to the State giving it the opportunity to respond; if dissatisfied with the response the State can be brought before the European Court of Justice) D) responsible for enforcing EU competition policy – can prosecute corporations which form illegal cartels or abuse a “dominant” position in the market; can issue fines E) Initiates legislation

The European Court of Auditors set up in 1975, based in Luxembourg it audits the revenue and expenditure of the European Union aims to contribute to improving the financial management of European Union funds ensure maximum value for money for all citizens of the Union

Court of Justice of the European Union THE JUDICIAL ORGAN OF THE EU consists of 2 courts: 1. Court of Justice – deals with requests for preliminary rulings from national courts, certain actions for annulment and appeals 2. General Court – rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. In practice, this means that this court deals mainly with competition law, State aid, trade, agriculture, trade marks (appeals on points of law heard by CJEU) COURT OF JUSTICE comprises: 1. 28 judges, one per Member State; each holds office for a renewable 6-year term; 2. assissted by 8 Advocates-General (A-G) (legal experts who give highly persuasive advisory opinions to the Court before the judges retire to consider their judgment in some cases – judges usually follow their opinions) Each judge and advocate general is appointed for a renewable 6-year term, jointly by national governments. 

Court of Justice of the European Union The courts can sit as: Full court = all 28 judges – in exceptional cases such as those considered of “exceptional importance” Grand Chamber = 15 judges – when a Member State or an EU institution which is a party to the proceedings so requests, and in particularly complex or important cases Chambers of 3 or 5 judges – allows for a degree of specialism and greater efficiency * Always a single collegiate judgment; no dissenting judgements

Court of Justice of the European Union The mission: to ensure "the law is observed" "in the interpretation and application" of the Treaties. reviews the legality of the acts of the institutions of the European Union ensures that the Member States comply with obligations under the Treaties (in cooperation with the courts and tribunals of the Member States, it ensures the uniform application and interpretation of European Union law) interprets European Union law at the request of the national courts and tribunal

Types of cases The most common types of cases are: REQUESTS FOR PRELIMINARY RULING – when national courts ask the Court of Justice to interpret a point of EU law ACTIONS FOR FAILURE TO FULFILL AN OBLIGATION – brought against EU governments for not applying EU law ACTIONS FOR FAILURE TO ACT – against EU institutions for failing to make decisions required of them ACTIONS FOR ANNULMENT – against EU laws thought to violate the EU treaties or fundamental rights (brought by EU institutions or individuals) DIRECT ACTIONS – brought by individuals, companies or organisations against EU decisions or actions

SECONDARY SUPPLEMENTARY LEGISLATION LAW……… Sources of EU law PRIMARY LEGISLATION SECONDARY SUPPLEMENTARY LEGISLATION LAW……… TREATIES REGULATIONS DIRECTIVES DECISIONS RECOMMENDATIOS and OPINIONS CASE LAW INTERNATIONAL LAW GENERAL PRINCIPLE OF LAW

The Treaties All of the key provisions of EU law are contained in the TEU and the TFEU The Treaty of the European Union came into effect in November 1993 and has been amended several times, most recently by the Treaty of Lisbon (the Reform Treaty; came into force in December 2009) contains the fundamental principles relating to the EU and its institutions; 55 Articles The Treaty on the Functioning of the European Union Came into effect in December 2009, replacing the Treaty of Rome; 358 Articles Elaborates on the fundamental principles in the TEU, seeking to ensure that the EU functions smoothly The Charter of Fundamental Rights was adopted in December 2000, initially did not have binding legal force but a persuasive influence In December 2009 the Charter acquired legal force 50 articles on a range of issues such as human dignity, the right to life, respect for private and family life, freedom of expression, right to education, right to asylum, equality between men and women

REGULATIONS (uredbe) passed by the EU’s institutions have “general application” and are “directly applicable” (Article 288 TFEU) general application = like the Treaties apply to both the Member States and indviduals directly applicable = automatically become part of the domestic legal system of the Member States without the need for any national legislation ( a powerful tool for ensuring legal uniformity throughout the EU) tend to be used in highly regulated fields such as agriculture and competition Eg. Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for imports (regulates common safeguards on goods imported from outside the EU)

DIRECTIVES (direktive) binding only on those Member States to which they are addressed (Article 288 TFEU) not binding in their entirety but only as to the “result to be achieved” (instruct Member States to do certain things but do not specify how this should be done; the instrument of implementation is determined by Member States) Member States must implement the provisions of directives into domestic law Specified time period for implementation stated in the directive (must be implemented in the legally certain manner e.g. in the UK by an Act of Parliament or a statutory instrument) If not implemented on time – implications Eg. Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights

DECISIONS (odluke) binding in their entirety upon those to whom they are addressed may be addressed to Member States or individuals often directed to companies which have acted contrary to the provisions of the EC treaty (e.g. the area of competition law) Eg. JOINT DECISION OF THE EUROPEAN COMMISSION AND THE HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY on the participation of the European Union in various organisations for cooperation to prevent and counter terrorism

RECOMMENDATIONS and OPINIONS (preporuke i mišljenja) have no binding force cannot be ignored and have some persuasive authority considered to have considerable influence, because the ECJ has stated that national courts must consider them when interpreting EC law

CASE LAW Judgements of the CJEU and the General Court are binding on national courts CJEU – not bound by the doctrine of precedent but usually follows its previous decisions CJEU has very active in creating legal principles which underpin the whole of the EU’s legal system, including ‘supremacy’ (the law of the EU has primacy over the law of the Member States), ‘indirect effect’ and ‘State liability’ Most of the Courts’ workload consists of dealing with enforcement actions under Article 258 of the TFEU or giving ‘preliminary rulings’ (the mechanism by which national courts and tribunals may seek definitive ruling form the CJEU on the interpretation of EU legislation)