P3; CH7: The Court of Justice

Question 1

What is the European Court of Justice?

Answer 1

The ECJ is an independent institution divided in two bodies:
- Court of Justice
- General Court

Question 2

What are the objectives pursued by the ECJ?

Answer 2

Seated in Luxembourg, it:
- Has exclusive jurisdiction on the Acquis and Union’s law
- Provides judicial remedies and particular protection for individuals
- Ensures that the law is observed in the application/interpretation of EU law

Question 3

How is the COURT OF JUSTICE composed?

Answer 3

There’s one judge per MS and 11 Advocates General (largest countries have permanent seat, the other rotate)
It’s divided in multiple formations:
- Chambers (5 judges)
- GRANDE CHAMBRE (15 judges: pres+vice+3/5 of the five-judge chambers’ presidents)
- FULL COURT

Question 4

What are the functions of the COURT OF JUSTICE?

Answer 4

The CJ adjudicates on:
- Infringement proceedings (Commission v. MS or MS v. MS)
- Inter-Institutions disputes
- References for preliminary ruling
- Requests for opinions on compatibility with Treaties
- Invalidity/Failure of acts

Question 5

What is the GENERAL COURT?

Answer 5

It’s the second Court of the ECJ, introduced in 1988 by the Maastricht Treaty and aimed to lighten Court’s workload as well as hearing evidence more effectively in certain disputes

Its judgements can be appealed to the Court of Justice