2. The Institutions of the EU Flashcards
What is the European Court of Justice?
They are the interpreter and enforcer of the EU law.
This institution currently includes two judicial instances: The Court of Justice itself and the General Court. They sit in Luxembourg.
What is the composition of the Court of Justice and why does it look like that?
One national judge per Member State, meaning that there are currently 27 judges in the ECJ.
The judges are acting independent from their governments. But the composition ensures the knowledge and understanding of the domestic law in each Member State.
There are also eleven advocate generals.
How are the judges and advocate generals of the ECJ appointed and for what time?
They are firstly proposed by the government of each MS. A committee consisting of seven jurists then assess the suitability of the candidates (same procedure for both the judges and general advocates).
If the judges are fit to be a judge in the ECJ the candidate is officially appointed by the common accord of the governments of the MS.
They sit for six year terms and may be reappointed for a period of three years at a time. There is no limit for how many times they can be reappointed.
What are the requirements to be appointed to the ECJ?
Both judges and advocates general must be persons whose independence is beyond doubt and having the qualifications required for appointment to the highest judicial offices.
What is the role of the advocate generals in the ECJ?
For every procedure submitted to the ECJ there is one advocate general appointed.
The main role is to draw conclusions in the case on which they then propose the legal solution.
The MS rotates for the position of advocate general.
What is the General Court and how is it composed?
This is a first instance court, its judgments may be appealed to the ECJ.
They have 54 judges, two nationals from each MS.
It has jurisdiction to hear of direct actions brought by natural or legal persons against legal acts of EU institutions, as well as conflicts between EU institutions.
What are the competences of the ECJ?
Judicial competences: The infringement procedure against MS considered to be in breach of their obligations under EU law.
Review competences: The Court is entitled to review the legality of acts adopted by the EU. It also reviews the legality of an EU institution’s failure to act. Member States and EU institutions can introduce these actions to the ECJ. Also individuals, through the General Court.
Preliminary rulings: This is a procedure establishing a cooperation relationship between national courts and the ECJ. The questions to be referred may concern the interpretation of the Treaties, as well as the validity and interpretation of institutional acts.
What is the Court of Auditors?
This is not a judicial institution, even if it is called court.
The general task is to monitor the finances of the EU and to ensure sound financial management.
It examines the accounts of all revenue and expenditure of the EU, as well as of any body set up by the EU.
Can audit any person or organization dealing with EU funds.
What is the composition of the Court of Auditors?
A total of 27 independent members.
Composed of one national from each Member State, appointed by the Council by qualified majority after consulting the EP.
They serve for six year-terms.
They can be reappointed for three year-terms and there’s no limit to how many times they can be reappointed.
Their independence must be beyond doubt.
What is the actual tasks of the Court of Auditors?
The Court of Auditors draws up an annual report after the close of each financial year, which is published in the Official Journal of the EU and thus brought to public attention.
It may also make special reports at any time on specific areas of financial management, and these are also published in the Official Journal.
What is the European Central Bank and what is their main task?
A new supranational institution within the Monetary Union.
Their main task is to maintain the price stability and precise the inflation targets.
It also supports the general economic policies in the EU.
