Court of Justice of the European Union

Court of Justice of the European Union
Court name	Court of Justice of the European Union
Caption	Emblem of the Court
Established	1952
Jurisdiction	European Union
Location	Luxembourg, Luxembourg
Authority	Treaties of the European Union
Terms	6 years (renewable)
Positions	1 Judge per Member State (Court of Justice), 54 Judges (General Court)
Website	curia.europa.eu

Court of Justice of the European Union. The Court of Justice of the European Union is the supreme judicial authority of the European Union, responsible for ensuring the uniform interpretation and application of European Union law. Headquartered in the Kirchberg district of Luxembourg, it comprises two main courts: the Court of Justice and the General Court. Its rulings are binding on the institutions of the European Union, its Member States, and, ultimately, on individuals and companies within the European Single Market.

History and establishment

The Court was originally established in 1952 as the Court of Justice of the European Coal and Steel Community under the Treaty of Paris (1951). Its foundational role was cemented with the creation of the European Economic Community and the European Atomic Energy Community by the Treaty of Rome in 1957. The Merger Treaty of 1965 unified the judicial institutions, and the court's jurisdiction expanded significantly through subsequent treaties, including the Maastricht Treaty and the Treaty of Lisbon. The creation of the General Court in 1988, initially named the Court of First Instance, was a major structural reform to manage an increasing caseload.

Jurisdiction and functions

The Court's primary function is to review the legality of acts by Commission, Council, and other European Union institutions. It hears actions for annulment, for failure to act, and for damages. A central duty is providing preliminary rulings at the request of national courts on the interpretation of European Union law. It also adjudicates infringement proceedings brought by the European Commission against Member States and resolves disputes between European Union institutions. Furthermore, it offers opinions on the compatibility of international agreements, such as those negotiated under the Common Foreign and Security Policy, with the Treaties of the European Union.

Composition and structure

The Court is composed of two courts. The higher Court of Justice consists of one judge from each Member State, assisted by eleven Advocates General, including one from France, Germany, Italy, Poland, and Spain. Judges and Advocates General are appointed by common accord of the governments of the Member States for renewable six-year terms. The General Court includes at least one judge per Member State, with a total of 54 judges following reforms. Both courts are served by a dedicated Chambers system and a multilingual Registry.

Procedure and working methods

Proceedings are initiated by a written application lodged with the Registry. The procedure includes a written phase and, typically, an oral hearing, including the presentation of an opinion by an Advocate General in the Court of Justice. The working language of a case can be any of the 24 official languages of the European Union. Deliberations are secret, and judgments are decided by a majority vote, delivered in open court. The Court's extensive use of the preliminary ruling procedure fosters an ongoing dialogue with national judiciaries like the Bundesverfassungsgericht and the Conseil d'État.

Key cases and legal impact

Landmark judgments have fundamentally shaped the European Union legal order. In Van Gend en Loos, the Court established the principle of direct effect. The case of Costa v ENEL confirmed the supremacy of European Union law over national law. Francovich v Italy introduced state liability for breaches of European Union law. More recently, cases like Schrems v Data Protection Commissioner have had global implications for data protection and agreements like Privacy Shield. Its rulings in areas such as the European Single Market, competition law, and fundamental rights under the Charter of Fundamental Rights of the European Union are authoritative.

Relationship with national courts

The Court operates not as a supreme appellate court but as a partner to national judiciaries within the framework of the preliminary ruling procedure under Article 267 of the Treaty on the Functioning of the European Union. This system creates a cooperative network, ensuring uniform application of European Union law from the Amtsgericht to the highest courts like the Supreme Court of the United Kingdom or the Corte Suprema di Cassazione. While generally deferential, tensions have occasionally arisen, notably with the Bundesverfassungsgericht in cases like Solange II and more recently regarding the Public Sector Purchase Programme of the European Central Bank.

Category:European Union law Category:European Union institutions Category:Courts in Luxembourg