The Court Of Justice For The European Union

Question 1

The role of the European court of justice

Answer 1

Ensuring EU law is interpreted and applied the same in every EU country; ensuring countries and EU institutions abide by EU law.

Question 2

European court of justice members

Answer 2

Court of Justice: 1 judge from each EU country, plus 11 advocates general
General Court: 47 judges. In 2019 this will be increased to 56 (2 judges from each EU country).

Question 3

The European court of justice was established in

Answer 3

1952

Question 4

Where is the European court of justice located

Answer 4

Luxembourg

Question 5

The Court of Justice of the European Union (CJEU) interprets EU law to make sure it is

Answer 5

applied in the same way in all EU countries, and settles legal disputes between national governments and EU institutions.

Question 6

The European court of justice can also, in certain circumstances, be used by

Answer 6

individuals, companies or organisations to take action against an EU institution, if they feel it has somehow infringed their rights.

Question 7

What does the CJEU do?

Answer 7

The CJEU gives rulings on cases brought before it.

Question 8

What are the most common cases brought before the European court of justice?

Answer 8

Interpreting new laws 
Enforcing the law
Annulling EU legal acts
Ensuring the EU takes action 
Sanctioning EU institutions

Question 9

Interpreting new law

Answer 9

national courts of EU countries are required to ensure EU law is properly applied, but courts in different countries might interpret it differently. If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification. The same mechanism can be used to determine whether a national law or practice is compatible with EU law.

Question 10

Enforcing the law

Answer 10

this type of case is taken against a national government for failing to comply with EU law. Can be started by the European Commission or another EU country. If the country is found to be at fault, it must put things right at once, or risk a second case being brought, which may result in a fine.

Question 11

Annulling EU legal acts

Answer 11

if an EU act is believed to violate EU treaties or fundamental rights, the Court can be asked to annul it – by an EU government, the Council of the EU, the European Commission or (in some cases) the European Parliament.
Private individuals can also ask the Court to annul an EU act that directly concerns them.

Question 12

Ensuring the EU takes action

Answer 12

the Parliament, Council and Commission must make certain decisions under certain circumstances. If they don’t, EU governments, other EU institutions or (under certain conditions) individuals or companies can complain to the Court.

Question 13

Sanctioning EU institutions

Answer 13

any person or company who has had their interests harmed as a result of the action or inaction of the EU or its staff can take action against them through the Court.

Question 14

The European court of justice is divided into

Answer 14

Two courts

1. Court of Justice
2. General Court

Question 15

Court of justice

Answer 15

deals with requests for preliminary rulings from national courts, certain actions for annulment and appeals.

Question 16

General court

Answer 16

rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. In practice, this means that this court deals mainly with competition law, State aid, trade, agriculture, trade marks.

Question 17

Each judge and advocate general is appointed for a

Answer 17

renewable 6-year term, jointly by national governments. In each Court, the judges select a President who serves a renewable term of 3 years.

Question 18

In the Court of Justice, each case is assigned

Answer 18

1 judge (the “judge-rapporteur”) and 1 advocate general.

Question 19

Cases brought to the European court of justice are processed in

Answer 19

2 stages

1. Written stage
2. Oral stage - a public hearing

Question 20

Written stage

Answer 20

The parties give written statements to the Court - and observations can also be submitted by national authorities, EU institutions and sometimes private individuals.
All of this is summarised by the judge-rapporteur and then discussed at the Court’s general meeting, which decides:
How many judges will deal with the case: 3, 5 or 15 judges.
Whether a hearing (oral stage) needs to be held and whether an official opinion from the advocate general is necessary.

Question 21

Oral stage - public hearing

Answer 21

Lawyers from both sides can put their case to the judges and advocate general, who can question them.
If the Court has decided an Opinion of the advocate general is necessary, this is given some weeks after the hearing.
The judges then deliberate and give their verdict.

Question 22

General court procedure is similar except

Answer 22

that most cases are heard by 3 judges and there are no advocates general.