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Court of Justice of the European Union Course number: EUI28/6.A-2

Court of Justice of the European Union Course number: EUI28/6.A-2. Lecturer:. Aims of the lecture. To familiarize participants with the Court of Justice of the European Union, To allow participants to appreciate the distinction between the General Court and the Court of Justice,

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Court of Justice of the European Union Course number: EUI28/6.A-2

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  1. Court of Justice of the European Union Course number: EUI28/6.A-2 Lecturer:

  2. Aims of the lecture • To familiarize participants with the Court of Justice of the European Union, • To allow participants to appreciate the distinction between the General Court and the Court of Justice, • To enhance the general knowledge of EU judiciary among the Ukrainian civil servants, • To facilitate understanding of different types of direct and indirect actions to the Court of Justice of the European Union.

  3. Court of Justice of the EU • Judicial arm of the European Union, • Plays a fundamental role in everyday application of EU law at the national level, • Scrutinizes compliance with EU Law by the Member States of the European Union, • Controls legality of actions of EU institutions, • A very unique court, bringing together different legal cultures and styles, • Frequently criticized for its judicial activism and creative (purposive) interpretation of EU law.

  4. Structure

  5. Court of Justice • Court of Justice is composed of 28 (27 after Brexit) judges and 11 advocates general, • Judges and advocates general appointed for 6 year terms, • Judges may be re-appointed, • Advocates general from United Kingdom (until Brexit), France, Italy, Spain, Germany, Poland may be re-appointed, • Advocates general from other Member States are appointed for single 6 year terms in alphabetical order of the Member States.

  6. Court of Justice • Candidates for judges and advocates general have to be independent, with qualifications for highest judicial offices and recognised competence, • Appointments are made by the Council of the European Union: unanimity required, • Opinion of Article 255 TFEU Committee – not binding but persuasive.

  7. Court of Justice • Court of Justice sits in different compositions depending on the type of case and its importance, • Full Court – only for very selected cases, • Grand Chamber – 15 judges, precedents, • 5 judges Chamber – most frequent composition, • 3 judges Chamber – very basic cases, • Cases can be transferred between the chambers.

  8. General Court • Currently 47 judges, 56 by 2019 (two judges per Member State), • No advocates general, however a judge of General Court may be appointed in a given case to serve as an advocate general, • Rules on appointment of judges are the same as for judges and advocates general at the Court of Justice.

  9. General Court • Currently 47 judges, 56 by 2019 (two judges per Member State), • No advocates general, however a judge of General Court may be appointed in a given case to serve as an advocate general, • Rules on appointment of judges are the same as for judges and advocates general at the Court of Justice.

  10. General Court • General Court sits in different compositions depending on the type of case and its importance, • Grand Chamber – 15 judges, precedents, • 5 judges Chamber – more important cases, • 3 judges Chamber – most frequent composition, • 1 judge – procedural issues, • Cases can be transferred between the chambers.

  11. Jurisdiction

  12. Jurisdiction

  13. Judgements of the Court of Justice as well as of General Court are binding for parties, In theory, judgements are not a source of law as in the common law systems, In practice, case-law of the Union courts is of highest relevance, For approximation the most important are preliminary rulings and infringement proceedings, In some areas the Association Agreement explicitly requires taking case-law into account, It is recommended, though, in all other areas covered by approximation exercise. Case-law of the Court

  14. Opinions of advocates general • Opinions are delivered in circa 50 % of cases at the Court of Justice, • Opinions are not binding for the Court, they offer more academic analysis of the issues at stake in a given case, • Advocates general are at freedom to refer also to academic literature, previous jurisprudence of the Court of Justice or domestic courts, • Opinions are available in all official languages of the European Union, • Opinions are presented before the Court renders a judgment and published at the website of the Court of Justice.

  15. Judgments of the Court of Justice • Judgments are approved by the entire chamber – no dissenting opinions of individual judges, • Judgments follow the same structure: description of facts, applicable law, reasoning followed by conclusions, • Judgments are translated into all official languages of the European Union (with a few exceptions), • All judgments are published at the website of the Court of Justice, • In procedural matters and cases, which cover matters previously resolved the Court adopts orders, • Oral and written part of the procedure.

  16. Points to remember • Court of Justice of the European Union is composed of two courts: Court of Justice and General Court, • Case-law of both Courts is fundamental for everyday application of EU law, • Jurisdiction of the Court of Justice of the EU is compulsory for the Member States, • Judgments are binding only for the parties but in practice followed by national courts and other authorities.

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