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The Court of Justice (CJ) Elena Romeike

The Court of Justice (CJ) Elena Romeike. The Court of Justice. Was set up under the ECSC Treaty in 1952. It is based in Luxembourg. The CJ is the judicial institution of the European Community. Rights and Objectives. The main task of the CJ is to examine the legality of Community measures.

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The Court of Justice (CJ) Elena Romeike

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  1. The Court of Justice (CJ)Elena Romeike

  2. The Court of Justice • Was set up under the ECSC Treaty in 1952. • It is based in Luxembourg. • The CJ is the judicial institution of the European Community.

  3. Rights and Objectives • The main task of the CJ is to examine the legality of Community measures. • Further to ensure the uniform interpretation and application of Community law. => Community law constitutes an autonomous legal system, independent of the legal systems of the member states. • In areas of conflict EU law is supreme over national law.

  4. Rights and Objectives • The Court has the power to settle legal disputes between EU member states, EU institutions, businesses and individuals. • It also has the right to review the legality of directives or regulations issued by the Council or Commission.

  5. The Court of First Instance • was created in 1989 to help the CJ cope with the large number of cases brought before it. • => its purpose is to offer citizens better legal protection. • is responsible for giving rulings on certain kinds of cases, such as: - actions brought by private individuals - cases of companies and some organisations - cases relating to competition law.

  6. The four most common types of cases 1) References for a preliminary ruling procedure => The national courts in each EU country are responsible for ensuring that EU law is properly applied in that country. 2) Proceeding for failure to fulfil an obligation => The Commission can start proceedings if it suspects a membeer state of failing ist obligations under EU law. 3) Actions of annulment => If any of the member states, the Council, the Commission or the Parliament believes that a particular EU law is illegal, they may ask to annul it. Important: can also be used by private individuals!

  7. The four most common types of cases 4) Actions for failure to act => The treaty requires the European Parliament, the Council and the Commission to make certain decisions under certain circumstances. =>> If they fail to do so, the member states, the other Community Institutions and (under certain conditions) individuals or companies can lodge a complaint with the Court so as to have this failure to act officially recorded.

  8. Example: Cases C-317/04 and C-318/04 • European Parliament v. Council and Commission • Case: adequate protection of personal data of air passengers from the EC to the US Bureau of Customs and Border Protection. • The Court of Justice declared that the transfer of „passenger name records“ from the EC to the US Bureau of Customs and Border Protection were illegal. • Conclusion: The Court annuls the Council decision regarding an agreement between the European Community and the US.

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