Chapter 2 - Courts of Special Jurisdiction Flashcards
Which courts sit in the following locations respectively: (a) Luxembourg; (b) Strasbourg; (c) The Hague?
a) Luxembourg - The Court of Justice of the European Union
b) Strasbourg - The **European Court of Human Rights **
c) The Hague - The International Court of Justice and the International Criminal Court
The majority of cases heard by the European Court are brought before it by which bodies?
The vast majority of cases heard by the European Court are brought by Member States, or by Union institutions, or are referred to it by national courts.
Additional information:
- The function of the European Court is to ensure that EU law is interpreted and applied in the same way in each Member State.
- The European Court has only limited power to deal with cases brought by individual citizens.
- Examples: Proceedings can be initiated by the Commission or a Member State if it is alleged that another Member State is failing to fulfil its obligations under EU law.
For what main reason was the Court of First Instance created?
The Court of First Instance (renamed the ‘General Court’ by the Treaty of Lisbon in 2009) was created in order to relieve pressure on the European Court, which was becoming overburdened with cases, and to offer ordinary citizens and businesses better legal protection under EU law.
The Court of Justice of the European Union includes the European Court of Justice, the General Court and specialised courts.
What is the role of the advocates-general?
The advocate-general assigned to a particular case delivers an opinion, in open court and with complete impartiality and independence, in which he indicates the issues raised and the reasonable conclusions he has reached. The opinion, while not binding on the Court, is taken into acount when the Court is considering its decision.
What is the aim of the preliminary ruling procedure under Art. 267 TFEU (ex Art. 234 EC)?
The aim of the preliminary ruling procedure under Art. 267 TFEU is to minimise the risk that courts in diferent countries might interpret EU law in different ways. It enables a national court to ask the European Court for advice if it is doubtful about the interpretation or validity of EU law.
What is the meaning of the “acte clair” doctrine?
Acte clair is a doctrine that permits national courts of last instance to refrain from requesting a preliminary ruling under Article 267(3) TFEU from the Court of Justice of the European Union when the point of EU law at issue is reasonably clear and free from doubt.
What is the main jurisdiction of the Privy Council?
The Judicial Committee is primarily the final Court of Appeal for **British overseas territories and **Commonwealth countries which have retained the appeal to Her Majesty in Council.
Give an example of a matter which might be referred to the Privy Council as a “devolution question”.
The devolution jurisdiction formerly exercised by the Committee in relation to Scotland, Wales, and Northern Ireland was transferred to the Supreme Court by the Constitutional Reform Act 2005 as from 1 October 2009.
A devolution question concerns the extent to which the devolved governments or legislatures went beyond their powers, for example whether legislation passed by the Scottish Parliament was within the legislative competence of the Parliament or not.
The proceedings at a coroner’s inquest are directed solely towards what enquiries?
The proceedings and evidence at an inquest are to be directed solely towards ascertaining who the deceased was; how, when, and where he came by his death; and the particulars required to be registered concerning the death.
When is it appropriate for a jury at a coroner’s inquest to return an open verdict?
Where the evidence does not fully disclose the cause of death, and in cases of suspected suicide where no suicidal intent could be proved.
