European Court Of justice

Question 1

Membership

Answer 1

Article 19 (1) TEU also sets out that the Court of Justice consists of 3 courts:
The Court of Justice
The General Court(to assist the court of Justice)
The civil service tribunal

Question 2

Court of Justice

Answer 2

28 judges
Appointed under Article 19(2) TEU
Assisted by 8/9 Advocates who assist the court by producing highly persuasive reasoned opinions
Renewable 6 year term with staggered appointments
Under Article 253 TFEU they appoint a president from among their number for a renewable 3 year term
Sit in chambers of 3/5 judges or in a Grand Chamber (13 Judges) or in a plenary session
Organisation and procedures are set out in the Statute of the Court (annexed to the TFEU

Question 3

The general court (to assist the Court of Justice)

Answer 3

One judge per member state but no separate Advocates General
Same rules regarding appointment and tenure as the Court of Justice
Right to appeal to the court of justice on points of law
Sits in chambers 3/5/1/whole court
Eject a president- 3 years

Question 4

The civil service tribunal

Answer 4

7 judges appointed for a renewable 6 year term
Try to achieve a balance of geographical spread and reflect the different legal systems across the EU
3/whole
President- 3years
Right to appeal

Question 5

Functions

Answer 5

Article 19 TEU sets the role of the CJEU
Article 263 TFEU cab review the legality of an act Councik or Commission
Article 265- change a failure to Act by both the Council and the Commission
Direct actions against member states-failure to fulfil EU obligations by either another member state article 263or the commission article 258
Re Tachographs (1979)
Liability for damages-article 268 and 272 give the CJEU jurisdiction over disputes regarding damages caused by the EU institutions and their servants
Preliminary rulings-article 267 allows the CJEU to give preliminary rulings on points of EU law
Beyond mandatory or discretionary referral
Van Duyn v Home Office
Torfaen BC v B&Q
Bulmee v Bolinger

Question 6

Organisation

Answer 6

Judicial arm of the EU and its function under Article 19(1) TEU is “ensure that in the application of Treaties the law is observed”