Lecture One- Week 1 EU Law The Court of Justice: Sources of Law, Infraction proceedings and Preliminary rulings Court of Justice of the EU ? One of the seven major institutions set up by the treaties ? Important in the establishment of the framework for the operation of EU law-development of EU law supremacy, direct effect etc. ? Plays key role in ensuring the continued operation of the EU as a treaty-based organisation Treaty Of Lisbon ? Under the TOL the "Court of Justice of the EU" is composed of The Court of Justice > The General Court 1 Certain Specialised Courts, Civil Service Tribunal (See Art 19(1) TEU) Role of Court of Justice ? Art 19(1) TEU to ensure that in the interpretation and application of the Treaties the law is followed ? They do not hear all of the disputes however! ? National courts have a major role ? Art 19(3) TEU the Court Rules on actions brought by MS or legal person Gives preliminary rulings upon request Gives judgment on other issues as set out in Treaties The European Court of Justice ? 27 Judges (one per Member State) ? May sit as a full court (quorum 15), in a Grand Chamber (13) or in chambers of 3 or 5 Judges (6 chambers) ? The Court is assisted by 9 Advocates General ? Advocate General: with complete impartiality and independence makes 'reasoned submissions' on cases requiring an AG's involvement General Court ? Pre-TOL called the Court of First Instance ? Created in 1988 to assist the Court of Justice with the large volume of cases - In particular this court often hears actions brought by private individuals, companies and some organisations as well as cases regarding competition law The General Court (previously the Court of First Instance ? 27 Judges (one per Member State) ? 5 Chambers each with 3 or 5 Judges ? Jurisdiction see Art 256 TFEU ? Right of appeal to the Court of Justice on points of law only Court personnel ? Judges and AGs are appointed by the government of the MS for a 6 year term ? Credentials-" possess the qualifications required for appointment to the highest judicial offices in their respective countries" See Arts 253 and 254 TFEU ? Take oath to perform duties impartially and to preserve secrecy of their deliberations ? Members of the court may not hold any political office
Lecture One- Week 1 EU Law Advocates-General - Only normally required to give an opinion on a case if the court considers that the case raises a new point of law. ? Note that the court need not follow the opinion of the Advocate-General -however these opinions can often be well reasoned and thus persuasive. Judgments of the Court are decided by majority and dissenting opinions are not expressed. ffiecisions are published. Court of Justice of the EU ? The treaty provisions concerning the jurisdiction and functioning of the Court of Justice of the EU is set