Court of justice of the European Communities

Instituted in 1952 by the Traité of Paris, the Court of justice of the European Communities (shortened in CJCE ), located at the Luxembourg (what is worth to him also its nickname of “Court of Luxembourg”, in opposition to the European Court of the human rights, which sits at Strasbourg), is a jurisdictional institution which takes care of the respect of the Droit of the European Union:

  • direct applicability of the Community legislation in the Member States;
  • primacy of the Community legislation on the national right.

Competence

It judges problems of interpretation of Community legislation (not to be confused with the European right which holds of the Council of Europe and not of the European Union), in particular:

  • requests of the European commission, citizens or associations, according to which a Member State did not respect a legal injunction of the European Union. One speaks about Recours in failure.
  • requests of a Member State according to which the European commission exceeded its capacities and attributions.
  • the requests of the European commission or Member States against an other member not having carried out his obligations resulting from the Community legislation within the framework of the Appeal against inaction
  • the national jurisdictions of the Member States of the EU can also ask for the CJCE the significance of part of the Community legislation. The CJCE will then give its opinion, which will be at the disposal of the national jurisdiction applicant. The CJCE has for only attributions of the questions of interpretation and control of legality of the Community texts, and the case itself cannot judge. One speaks about prejudicial reference.

Competences of the Court of justice widen with the coming into effect of the Traité of Amsterdam, on May 1st 1999: the Court is qualified in the new fields transferred by the Member States at the European level and in particular freedom safety from the people (right of asylum, immigration, crossing of frontiers…). The Traité of Nice envisages improvements in the operation of the Court of justice and the court in order to reduce the times of judgment.

Composition

The Court of justice is currently made up of 27 judges (1 judge by Member State) and 8 prosecuting attorneys named by mutual agreement by the Member States for a six years renewable mandate. The President of the Court, indicated among the judges for one three years renewable period, directs work and the services of the Court and chairs the audiences and the deliberations. The prosecuting attorneys assist the Court in its mission, while presenting publicly, in any impartiality and all independence, their conclusions on the businesses submitted to the Court.

The judges of the Court appoint among them the president of the Court for one three years renewable period. The president directs work as well as the services of the Court and chairs, for the greatest formations of judgment, the audiences and the deliberations.

The prosecuting attorneys assist the Court. They are charged to present, in any impartiality and all independence, a legal opinion, called “conclusions”, in the businesses of which they are seized.

The clerk is the general secretary of the institution of which it directs the services under the authority of the president of the Court.

County court

Since 1989, the Court of justice is assisted by a County court, composed of as many judges as Member States for six years renewable. Since the Treated of Nice, he is judge of common right for the unit of the recourse direct (in cancellation, deficiency, in allowance, except the recourse in failure known only by the CJCE) trained by the private individuals, the moral persons and the Member States, except for those allotted to another jurisdiction (such as the Court of the public office) or reserved for the Court. The decisions of the County court can be the subject of an appeal before the Court but only for the points of law. Since 2004 and to discharge the CJCE, the County court also receives the recourse introduced by the States against the European commission.

The judges of the TPICE must be independent (article 224 TCE) and the members are selected among the people who enjoy the most independence and who can have high judicial offices in their country.

It sits in room of 3 or 5 judges, but it can also be made up of 13 judges (composition of the large room) or as a Plenary assembly. The judges appoint the President of the jurisdiction for one three years renewable duration.

Court of the public office

Since 2005, a new jurisdiction, the Court of the public office, comes to support the Court of justice and the County court. This jurisdiction rules on the dispute of the public office of the European Union, previously exerted by the County court. The decisions of the Court of the public office can be the subject of an appeal in front of this last.

Jurisprudence

Famous stops

Judgment of States

France

The July 12th 2005, the European Court of justice condemned, at the request of the European commission which acted within the framework of the procedure of failure on failure, France with a fine “for violation of the community legislation concerning the protection of fish stocks being likely to disappear”. France must regulate a lump sum of 20 million euros to have failed “in a way serious and persistent in its Community obligations as regards fishing”. It must also pay 57,8 million additional euros for each period of six months violation moreover.

See too

External bonds

  • members of the Court of justice of the European Communities
  • the official site of the Court
  • http://www.ecjblog.com
  • Court of justice of the European Union European NAvigator

Random links:Ancient palate | KVV Verbroedering Maasmechelen | Exposure of Charleroi of 1911 | Fasciite necrosing | Emirates Cup