The European Court of Justice

Question 1

What is the role of the ECJ?

Answer 1

• it ensures EU law is interpreted and applied the same in every EU country
• it ensures countries and EU institutions abide with EU law

Question 2

Who are the members of the ECJ?

Answer 2

1. Court of Justice= 1 judge from each MS + 11 advocates general
2. General Court= 2 judges from each MS

Question 3

Why was the General Court introduced?

Answer 3

It was introduced for 2 main reasons:

1. allocation of workload= due to a growing increase of cases brought before the Court
2. the need to a fair trial + the possibility to appeal a decision= at the very beginning no appeal was allowed for the decision of the ECJ but this became an issue

Question 4

What does the ECJ do?

Answer 4

The ECJ gives rulings on cases brought before it. The most common ones are:
A. INTERPRETING THE LAW (PRELIMINARY RULINGS)
B. ENFORCING THE LAW (INFRINGEMENT PROCEEDINGS)
C. ANNULLING EU LEGAL ACTS (ACTIONS FOR ANNULMENT)
D. ENSURING THE EU TAKES ACTION (ACTIONS FOR FAILURE TO ACT)
E. SANCTIONING EU INSTITUTIONS (ACTIONS FOR DAMAGES)

Question 5

What is the composition of the ECJ?

Answer 5

The ECJ is divided into 2 Courts:

1. Court of Justice= (HIGHER COURT) it deals with requests for preliminary rulings from national courts, certain actions for annulment and appeals
2. General Court= rules on actions for annulment brought by individuals, companies and in some cases EU governments. In practice this means that this Court mainly deals with competition law, state-aid, trade, agriculture, trademarks
   - each judge and advocate general is appointed for a renewable 6-year term, jointly by national governments
   - in each Court, judges select a President who serves a renewable term of 3 years

Question 6

What is the difference between a JUDGE and an ADVOCATE GENERAL?

Answer 6

The difference lays in their roles:

1. while the judge’s role is to solve disputes & their decisions are binding
2. the advocates general do not take binding decisions but are called upon to present their possible solution to the selection of judges in charge of taking the final decision.
   - they intervene in the most challenging and sensible cases in order to give the judges an OPINION before the ruling
   - their opinions are often more structured & coherent because there is only 1 mind and 1 drafter

Question 7

How does the ECJ work?

Answer 7

-each case is assigned to 1 judge and 1 advocate general
-cases are processed in 2 stages:
1. WRITTEN STAGE
-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 and then discussed at the Court’s general meeting which decides:
a. how many judges will deal with the case depending on the importance and complexity of it. Most cases are dealt by 5 judges and it’s very rare for the whole Court to hear a case
b. whether a hearing needs to be held and whether an official opinion from the advocate general is needed
2. ORAL STAGE - a public hearing
-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
THE GENERAL COURT PROCEDURE is similar except that most cases are heard by 3 judges and there are no advocates general