Unit 27 Court of Justice of the European Union –CJEU Consult the page http://europa.eu/about-eu/institutions-bodies/index_en.htm

The main EU institutions Connect the English and Crotian names of institutions. The European Parliament The European Council The European Commission The Council of the European Union (Council of Ministers) The Court of Justice of the European Union Europska komisija Sud pravde Europske unije Europski parlament Europsko vijeće Vijeće Europske unije / Vijeće ministara

Other EU institutions Connect the English and Crotian names of institutions. The European Court of Auditors The Economic and Social Committe 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

The Council of the EU / the Council of Ministers composed of ministers from member states, from the relevant government department Presidency which rotates every 6 months, 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, IMPORTANT LEGISLATIVE FUNCTION (shared with the Parliament) – changes after the Lisabon treaty (which came into force December 2009)

The European Parliament The main function – LEGISLATION, however shares the legislative function with the Council of the EU (codecision) elected by universal suffrage since 1979 Budgetary power – approves the budget of the EU and proposes amendments Can cause the Commission to resign, checks the credentials of proposed candidates for positions within the Commission

The legislative power of the European Parliament increases, as the codecision procedure with the Council of the EU is extended to new areas of policy. This procedure is slightly modified and renamed Ordinary legislative procedure.

Sources of the EU law secondary Legislation REGULATIONS primary DIRECTIVES DECISIONS RECOMMENDATIONS OPINIONS CHAPTER 2 from the Lisabon Threaty LEGAL ACTS OF THE UNION, ADOPTION PROCEDURES AND OTHER PROVISIONS SECTION 1 THE LEGAL ACTS OF THE UNION primary legislation THE TREATIES

Primary legislation The Treaty of Lisbon or the Lisbon Treaty (initially known as the Reform Treaty) - signed by the EU member states on 13 December 2007, entered into force on 1 December 2009 Full title: Treaty on European Union and the Treaty on the Functioning of the European Union

Regulations = uredbe defined by Article 288 TFEU (ex. Art. 249 EC) the most powerful form of secondary legislation directly applicable in the legal order of the Member States without the need for incorporation into national legislation (implementation by the member states parliaments) binding in their entirety The ECJ has stated in Commission v Italy (Case 39/72) that subjecting regulations to domestic implementation would endanger the uniform application of EC law.

Directives = direktive defined by Article 288 TFEU (ex. Art. 249 EC) binding as to their effect, but the national authorities of a member state can choose the instruments of implementation normally there is a defined date / period for implementation the implementation has often been an issue for the ECJ: a) incorrect implementation b) failure to implement a directive all together

Decisions = odluke addressed only to a specific member state, undertaking or individual binding in their entirety only on those to whom they are addressed often directed to companies which have acted contrary to the provisions of the EC treaty (e.g. the area of competition law) Art. 288 A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.

Recommendations and opinions = preporuke i mišljenja not legally binding for the parties to whom they are addressed considered to have considerable influence, because the ECJ has stated that national courts must consider them when interpreting EC law Art. 288 Recommendations and opinions shall have no binding force.

Article 288 TFEU (ex. Article 249 EC Treaty) In order to carry out their task and in accordance with the provisions of this Treaty, the European Parliament acting jointly with the Council, the Council and the Commission shall make regulations and issue directives, take decisions, make recommendations or deliver opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision shall be binding in its entirety upon those to whom it is addressed. Recommendations and opinions shall have no binding force.

The European Commission - often described as the Executive of the EU consists of 28 Commissioners (one from each Member State, appointed by their national governments, however, they dont represent their states, but work under a principle of collective responsibility) initiates laws the President of the Commission is chosen by the Heads of State of all of the member states and must be approved by the Parliament has a huge staff (15.000 civil servents), different departments, different areas of policy: e.g. environment, single market, etc.

The European Council ≠ the Council of the EU the Council of Europe!!!!!! consists of heads of state who have been meeting twice a year (at the end of every presidency meeting) under the name, the European Council, since 1974 they discuss informally EU policy can give a new impetus, when there is a deadlock at the level of the Council of the EU the post of the President of the European Council after the LISABON treaty a) chairs the summit meetings b) represents the EU in external affairs

The Court of Justice of the European Union

The Court of Justice of the EU the judicial branch of the EU ensures that treaties as well as laws and decisions made thereunder are applied within the Institutions and in the Member States made up of 28 Judges and 8 Advocates General (hold office for a renewable term of 6 years) Have a look at: http://europa.eu/about-eu/institutions-bodies/court-justice/index_en.htm

The tasks of the CJEU to ensure the integration of the EU law into the legal systems of the Member states to take part in developing EU law to decide about issues concerning the division of power between the States and the EU, to decide in cases between EU institutions and Member States to decide on a wide ragne of issues between parties which have been referred from a national court = reference for a preliminary ruling

TYPES OF CASES FIVE most common types of cases are: requests for a preliminary ruling – when national courts ask the Court of Justice to interpret a point of EU law actions for failure to fulfil an obligation – brought against EU governments for not applying EU law actions for annulment – against EU laws thought to violate the EU treaties or fundamental rights actions for failure to act – against EU institutions for failing to make decisions required of them direct actions – brought by individuals, companies or organisations against EU decisions or actions

References for preliminary rulings The Court of Justice cooperates with all the courts of the Member States to ensure the effective and uniform application of EU legislation and to prevent divergent interpretations, the national courts may, and sometimes must, refer to the Court of Justice and ask it to clarify a point concerning the interpretation of EU law so that they may ascertain whether their national legislation complies with that law.

* = zahtjev za prethodnu odluku / mišljenje The Court of Justice’s reply is not merely an opinion, but takes the form of a judgment or reasoned order. The national court to which it is addressed is, in deciding the dispute before it, bound by the interpretation given. The Court of Justice’s judgment likewise binds other national courts before which the same problem is raised. It is through references for preliminary rulings* that any European citizen can seek clarification of the Community rules which affect him. Such a reference can be made only by a national court. * = zahtjev za prethodnu odluku / mišljenje

General Court EU Civil Service Tribunal MAIN ROLE: To help the Court of Justice cope with the large number of cases brought before it, and to offer citizens better legal protection General court - deals with cases brought forward by private individuals, companies and some organisations, and cases relating to competition law. EU Civil Service Tribunal - rules on disputes between the European Union and its staff.

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, to ensure maximum value for money for all citizens of the Union.