CJEU

Question 1

Name the 2 courts

Answer 1

Court of Justice
General Court

Question 2

CJEU composition

Answer 2

27 judges, one each member state
Significant gender imbalance- 22 male 5 female

Sit in chambers of 3-5 judges or full panel rarely

Question 3

AG

Answer 3

Provides written judgement on case
can dispense of it if case is straight forward
11 AG
Given before ruling
Not binding
Not available in Irish Law

Question 4

General court composition

Answer 4

54 judges, 2 from each member state

Question 5

Procedure in courts

Answer 5

1. Written procedure
   Parties provide written arguments to court
   All member states can intervene at this stage
2. Oral stage
   Discretionary
3. Opinion of AG
4. Final Judgement
   Meet in private, discuss in french
   No translators
   Judgement is binding
   Single judgement- no dissents

Question 6

How do cases reach CJEU

Answer 6

1. Litigation before national courts
2. Enforcement by the comisison
3. Direct actions to the CJEU

Question 7

1. Litigation before national courts

Answer 7

Under article 267 TFEU national courts can send qs of EU law to the CJEU to be answered
CJEU provide an interpretation of EU law in light of circumstances
Note: CJEu are not deciding the case, jsut answering the Q

Question 8

Role of the comisison

Answer 8

To enforce Eu law

Question 9

Procedure for enforcement by the comisison

Answer 9

Send formal notice to member state on alleged breach
IF member state disagree, CJEU determines whether breach exists

If breach determined and member state still doesnt comply, comisison can reqquest CJEU issue penalties on member state

Question 10

Example

Answer 10

Facts: A wind farm in Galway was built in 2003.
Built with no environmental impact assessment
Triggered a landslide and killed a lot of fish.
The Commission brought it to the CJEU.

Held: CJEU agreed that there was a breach and told them to assess in 2008.
Ireland didn’t comply, and eventually, the commission went back in 2019 and the CJEU agreed and imposed a 5 million penalty and a 15,000 penalty every day until they complied
The penalties ceased in 2023.

Question 11

Direct actions

Answer 11

Private parties or member states take acion firectly to CJEU

TFEu article 263 JR proceedings
First instance at General court but appeal to CJEU

Ireland Apple v Comission case

Question 12

Methods of interpretation

Answer 12

1. Literal interpretation
   What the wording of the legislation/ law says.
2. Systemic interpretation:
   The contextual analysis, the broader context of the legislation, and what the words mean in other legislation.
3. Teleological interpretation:
   Guided by the purpose.
   Looks at the aim and the purpose of the treaties.
   Interprets the law in a way that achieves that purpose.
   Fills in gaps etc.