Jurisdiction of ECJ

Question 1

Article 19(2) TEU and Article 48 of the Statute of the Court of Justice of the European Union

Answer 1

One judge from every member state

Question 2

Articles 253 and 255 TFEU

Answer 2

How the judges are appointed: “They are appointed by joint agreement of the Member State governments after consulting a panel of eminent judges and lawyers. They serve for 6 years and can be reappointed.

Question 3

Role of Advocates General?

Answer 3

Court officials whose task is to present reasoned opinions on the cases brought before the court (Article 252 TFEU). Their opinions are not binding, but can be a useful tool to understanding the arguments considered by the Court in coming to its conclusion.

Question 4

What is the role of the general court?

Answer 4

The General Court was created in 1989 to help to assist with the backlog of cases before the ECJ itself. It has a key role in the enforcement competition law cases where it hears appeals from decisions of the Commission. There is an appeal on a point of law only from the General Court to the ECJ.

Question 5

Articles 268 TFEU and 340 TFEU

Answer 5

ECJ can order institutions to pay damages if it judges this appropriate

Question 6

Article 263 TFEU

Answer 6

ECJ can review the legality of acts of other Union institutions. Could declare a Council regulation and declare invalid, eg if wrong legislative procedure used. Roquette Freres v Council - ECJ annulled a Council Regulation adopted under the consultation procedure because the Council had failed to consult Parliament adequately

Question 7

Article 265 TFEU

Answer 7

ECJ can review the failure of the other institutions to take action when they are under a legal duty to do so.

Question 8

Article 258 TFEU

Answer 8

Commission has a right to bring a Member State before the ECJ for failure to fulfil its Treaty obligations

Question 9

Article 259 TFEU

Answer 9

One Member State has the right to bring another MS before the ECJ for failure to fulfil its Treaty obligations. However, the complaining MS must first bring the matter before the Commission.

Question 10

Article 260 TFEU

Answer 10

ECJ may at request of Commission, impose a lump sum or penalty payment on a Member State that disobeys its judgement

Question 11

Treaty of Nice and General Court?

Answer 11

Treaty of Nice decided that the General Court will in due course take over some of the simpler Article 267 TFEU cases. New ‘judicial panels’ underneath the General Court will take over some of the General Court’s own work. In 2005 the new European Civil Service Tribunal took over staff cases from the GC.

Question 12

Can one appeal against a judgement of the General Court to the ECJ?

Answer 12

Yes, but only on a point of law.

Question 13

Can magistrates’ courts make references?

Answer 13

Yes they can. See Sunday Trading cases relating to Article 34 TFEU free movement of goods