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Court of Justice of the European Union

The Court of Justice of the European Union (CJEU) (French: Cour de justice de l'Union européenne or "CJUE"; Latin: Curia[2]) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the Court of Justice and the General Court.[3][4] From 2005 to 2016, it also contained the Civil Service Tribunal. It has a sui generis court system, meaning 'of its own kind', and is a supranational institution.[5]

Court of Justice of the European Union
Emblem of the Court of Justice of the European Union

Palais de la Cour de Justice, Luxembourg
Judicial branch overview
Formed1952
JurisdictionEuropean Union and Northern Ireland[a]
HeadquartersPalais de la Cour de Justice, Kirchberg, Luxembourg City, Luxembourg
Child agencies

The CJEU is the chief judicial authority of the European Union and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the member states.[4] The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies or organisations whose rights have been infringed.[6]

Composition edit

The CJEU consists of two major courts:[7]

  1. the Court of Justice, informally known as European Court of Justice (ECJ), which hears applications from national courts for preliminary rulings, annulment and appeals. It consists of one judge from each EU member country, as well as 11 advocates general.
  2. the General Court, which hears applications for annulment from individuals, companies and, less commonly, national governments (focusing on competition law, state aid, trade, agriculture and trade marks). Since 2020 the court is composed of 54 judges, though only 49 seats are currently filled.

Function edit

The CJEU's specific mission is to ensure that "the law is observed" "in the interpretation and application" of the Treaties of the European Union. To achieve this, it:

  • reviews the legality of actions taken by the EU's institutions;
  • enforces compliance by member states with their obligations under the Treaties, and
  • interprets European Union law.[4]

The composition and functioning of the courts are regulated by the Rules of Procedure.[8]

History edit

The CJEU was originally established in 1951 as a single court called the Court of Justice of the European Coal and Steel Communities. With the Euratom and the European Economic Community in 1957 its name changed to the Court of Justice of the European Communities (CJEC).[8] In 1988 the Court requested the Commission to create a Court of First Instance and in 2004 it added the Civil Service Tribunal. [8] The Civil Service Tribunal are for issues of public employment.

The Treaty of Lisbon in 2009 renamed the court system to the "Court of Justice of the European Union" and renamed the CJEC to the "Court of Justice".

The working language of the Court of Justice of the European Union is French.[9]

Legal interpretation edit

The Court of Justice of the European Union embraces the substantive equality interpretation of the European Union anti-discrimination law.[10]

See also edit

Notes edit

  1. ^ Under the terms of the Protocol on Ireland/Northern Ireland, concluded as part of the Brexit withdrawal agreement, the CJEU continues to have jurisdiction over the operation of EU law applying to Northern Ireland in relation to customs and the movement of goods, technical regulations, VAT and excise, the Single Electricity Market and State aid, and may hear applications for preliminary rulings made by Northern Irish courts.[1]

References edit

  1. ^ House of Lords European Union Committee (1 June 2020). (Report). House of Lords. p. 65. Archived from the original on 31 January 2021. Retrieved 2 January 2021. The Protocol will also confer full jurisdiction on the CJEU to oversee the operation of EU law applying to Northern Ireland in relation to customs and the movement of goods, technical regulations, VAT and excise, the Single Electricity Market and State aid; including the jurisdiction to hear applications for preliminary rulings submitted by the courts of Northern Ireland. The UK will have the right to participate in these proceedings as if it were a Member State.
  2. ^ "Court of Justice of the European Union". curia.europa.eu.
  3. ^ Article 19 TEU: The Court of Justice of the European Union shall include the Court of Justice, the General Court and specialised court.
  4. ^ a b c "General Presentation". Curia. Europa. Retrieved 23 October 2015.
  5. ^ Bordin, Fernando Lusa; Müller, Andreas Th.; Pascual-Vives, Francisco (31 August 2022). The European Union and Customary International Law. Cambridge University Press. p. 50. ISBN 978-1-108-96751-8.
  6. ^ "Court of Justice of the European Union (CJEU)". Europa. Retrieved 23 October 2015.
  7. ^ "Court of Justice of the European Union (CJEU)". Europa.eu. 16 June 2016. Retrieved 13 March 2017.
  8. ^ a b c European Parliament. Directorate General for Parliamentary Research Services. (2016). The role of constitutional courts in multi-level governance: European Union : the Court of Justice of the European Union. LU: Publications Office. doi:10.2861/8. ISBN 9789284602629.
  9. ^ "Language arrangements at the Court of Justice of the European Union". Curia. Europa. Retrieved 8 September 2018.
  10. ^ De Vos, M. (2020). The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law. International Journal of Discrimination and the Law, 20(1), 62-87.

Further reading edit

  • Beck, Gunnar (2013). The Legal Reasoning of the Court of Justice of the EU. Oxford: Hart Publishing.
  • Mikelsone, Gundega (2013). The Binding Force of the Case Law of the Court of Justice of the European Union. ISSN 2029-2058.[1] 26 October 2019 at the Wayback Machine
  • Bobek, Michal (2021). "What Are Grand Chambers for?". Cambridge Yearbook of European Legal Studies. 23: 1–19. doi:10.1017/cel.2021.5. ISSN 1528-8870. S2CID 239103282.

External links edit

  • Official website
  • Access to documents of the Court of Justice of the EU on EUR-Lex
  • The archival fonds of the Court of Justice of the European Union is consultable at the Historical Archives of the European Union

49°37′12″N 6°08′22″E / 49.62000°N 6.13944°E / 49.62000; 6.13944

court, justice, european, union, supreme, court, european, union, matters, european, union, european, court, justice, international, court, council, europe, which, interprets, european, convention, human, rights, european, court, human, rights, cjeu, redirects. For the supreme court of the European Union in matters of European Union law see European Court of Justice For the international court of the Council of Europe which interprets the European Convention on Human Rights see European Court of Human Rights CJEU redirects here For the AM radio station see CJEU AM The Court of Justice of the European Union CJEU French Cour de justice de l Union europeenne or CJUE Latin Curia 2 is the judicial branch of the European Union EU Seated in the Kirchberg quarter of Luxembourg City Luxembourg this EU institution consists of two separate courts the Court of Justice and the General Court 3 4 From 2005 to 2016 it also contained the Civil Service Tribunal It has a sui generis court system meaning of its own kind and is a supranational institution 5 Court of Justice of the European UnionEmblem of the Court of Justice of the European UnionPalais de la Cour de Justice LuxembourgJudicial branch overviewFormed1952JurisdictionEuropean Union and Northern Ireland a HeadquartersPalais de la Cour de Justice Kirchberg Luxembourg City LuxembourgChild agenciesCourt of JusticeGeneral CourtCivil Service Tribunal 2005 2016 The CJEU is the chief judicial authority of the European Union and oversees the uniform application and interpretation of European Union law in co operation with the national judiciary of the member states 4 The CJEU also resolves legal disputes between national governments and EU institutions and may take action against EU institutions on behalf of individuals companies or organisations whose rights have been infringed 6 Contents 1 Composition 2 Function 3 History 4 Legal interpretation 5 See also 6 Notes 7 References 8 Further reading 9 External linksComposition editThe CJEU consists of two major courts 7 the Court of Justice informally known as European Court of Justice ECJ which hears applications from national courts for preliminary rulings annulment and appeals It consists of one judge from each EU member country as well as 11 advocates general the General Court which hears applications for annulment from individuals companies and less commonly national governments focusing on competition law state aid trade agriculture and trade marks Since 2020 the court is composed of 54 judges though only 49 seats are currently filled Function editThe CJEU s specific mission is to ensure that the law is observed in the interpretation and application of the Treaties of the European Union To achieve this it reviews the legality of actions taken by the EU s institutions enforces compliance by member states with their obligations under the Treaties and interprets European Union law 4 The composition and functioning of the courts are regulated by the Rules of Procedure 8 History editThe CJEU was originally established in 1951 as a single court called the Court of Justice of the European Coal and Steel Communities With the Euratom and the European Economic Community in 1957 its name changed to the Court of Justice of the European Communities CJEC 8 In 1988 the Court requested the Commission to create a Court of First Instance and in 2004 it added the Civil Service Tribunal 8 The Civil Service Tribunal are for issues of public employment The Treaty of Lisbon in 2009 renamed the court system to the Court of Justice of the European Union and renamed the CJEC to the Court of Justice The working language of the Court of Justice of the European Union is French 9 Legal interpretation editThe Court of Justice of the European Union embraces the substantive equality interpretation of the European Union anti discrimination law 10 See also editPrimacy of European Union law European Parliament in LuxembourgNotes edit Under the terms of the Protocol on Ireland Northern Ireland concluded as part of the Brexit withdrawal agreement the CJEU continues to have jurisdiction over the operation of EU law applying to Northern Ireland in relation to customs and the movement of goods technical regulations VAT and excise the Single Electricity Market and State aid and may hear applications for preliminary rulings made by Northern Irish courts 1 References edit House of Lords European Union Committee 1 June 2020 9th Report of Session 2019 21 The Protocol on Ireland Northern Ireland Report House of Lords p 65 Archived from the original on 31 January 2021 Retrieved 2 January 2021 The Protocol will also confer full jurisdiction on the CJEU to oversee the operation of EU law applying to Northern Ireland in relation to customs and the movement of goods technical regulations VAT and excise the Single Electricity Market and State aid including the jurisdiction to hear applications for preliminary rulings submitted by the courts of Northern Ireland The UK will have the right to participate in these proceedings as if it were a Member State Court of Justice of the European Union curia europa eu Article 19 TEU The Court of Justice of the European Union shall include the Court of Justice the General Court and specialised court a b c General Presentation Curia Europa Retrieved 23 October 2015 Bordin Fernando Lusa Muller Andreas Th Pascual Vives Francisco 31 August 2022 The European Union and Customary International Law Cambridge University Press p 50 ISBN 978 1 108 96751 8 Court of Justice of the European Union CJEU Europa Retrieved 23 October 2015 Court of Justice of the European Union CJEU Europa eu 16 June 2016 Retrieved 13 March 2017 a b c European Parliament Directorate General for Parliamentary Research Services 2016 The role of constitutional courts in multi level governance European Union the Court of Justice of the European Union LU Publications Office doi 10 2861 8 ISBN 9789284602629 Language arrangements at the Court of Justice of the European Union Curia Europa Retrieved 8 September 2018 De Vos M 2020 The European Court of Justice and the march towards substantive equality in European Union anti discrimination law International Journal of Discrimination and the Law 20 1 62 87 Further reading editBeck Gunnar 2013 The Legal Reasoning of the Court of Justice of the EU Oxford Hart Publishing Mikelsone Gundega 2013 The Binding Force of the Case Law of the Court of Justice of the European Union ISSN 2029 2058 1 Archived 26 October 2019 at the Wayback Machine Bobek Michal 2021 What Are Grand Chambers for Cambridge Yearbook of European Legal Studies 23 1 19 doi 10 1017 cel 2021 5 ISSN 1528 8870 S2CID 239103282 External links edit nbsp Wikisource has original text related to this article Protocol on the Statute of the Court of Justice Official website Access to documents of the Court of Justice of the EU on EUR Lex The archival fonds of the Court of Justice of the European Union is consultable at the Historical Archives of the European Union Portals nbsp European Union nbsp Law 49 37 12 N 6 08 22 E 49 62000 N 6 13944 E 49 62000 6 13944 Retrieved from https en wikipedia org w index php title Court of Justice of the European Union amp oldid 1215135695, wikipedia, 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