European Court of Justice Flashcards
Is the ECJ supranational or intergovernmental?
Supranational
How does the ECJ carry out their role?
Name 3 points
1) Interprets EU laws to make sure it is applied in the same way in all EU countries
2) Settles legal disputes between national governments and EU institutions
3) Deals with requests from national courts for clarification of legal principles.
Example of the ECJ being a supreme legal body to the member states
In 2010, the ECJ passed 95 judgements against member states for failing to fulfil their obligations, including 4 against the UK.
Example of the primacy of EU laws
In 1988, the ECJ overturned the UK’s Merchant Ship Act, which aimed to prevent Spanish-owned ships from fishing against UK’s quotas (Quota hopping)
Example when members state brought the EU to court
Slovakia and Hungary took legal action against EU Commission over migrant quota plan for receiving 120,000 asylum seekers.
Reason why member states brought the EU to court
To resist unreasonable request from treaties that they think would ultimately affects their constitutions.
Who is Eleanor Sharpston and how did she react to the extended supremacy of EU laws
She is an advocate-general in the ECJ
She said that EU law in engaged in a wider range of topics because that is what member states wanted.
Limitation of the ECJ
• Initiate case
Judgements can only be issued on cases that are referred to the court. It doe not have the power to initiate cases itself.
Limitation of the judges in the ECJ
• Life tenure
ECJ judges do not serve for life and there is no record of dissenting opinion. Rather than being powerful, the ECJ actually provides a forum for legal cooperation between member states.
The workload of the ECJ
There were 600 cases a year before 2010, and at the end of 2015, there was an unprecedented 1270 cases that were pending.
The limitation of ECJ implementing treaties
The ECJ does not have its own enforcement agencies, thus it merely relies on cooperation of member states to comply.
Example of member states not complying the ruling from the ECJ
The French and Italians have deliberately disobeyed EU law, as have the Danes, both operating a discriminatory policy of deporting what they describe as ‘criminal Roma’
Example of ECJ’s power
•Passing judgements
In 2010, the ECJ passed 95 judgements against member states for failing to fulfill their obligations, including 4 against the UK.
What was the case that set precedent of ‘direct effect’?
The case of van Gend en Loos v. Nederlandse Administratie de Belastingen in 1963 set legal precedent that the protection of EU law applies directly to EU citizens and member states, making them akin to domestic laws, rather than international acts.
Complains because of ECJ workload
There were five companies complaining its efficiency
