The Judicial Structure of the EU

Question 1

How many judges would need to preside to make up a Grand Chamber in the EU Court of Justice? What about all plenary sitting?

Answer 1

13 to 15 judges. This happens rarely.
All 27 judges. Even rarer.

Question 2

What is the judge panel size which decides 90% of the EU Court of Justice’s case load?

Answer 2

3 to 5 judges.

Question 3

What are the three levels of court specified in the treaties?

Answer 3

The Court of Justice
The General Court
Specialised Courts (none currently sitting)

Question 4

How many judges per member state in the Court of Justice vs. the General Court?

Answer 4

The Court of Justice - 1 per state
The General Court - 2 per state

Question 5

How many Advocates General are there currently serving in the Court? Do they give an opinion in every case?

Answer 5

There are currently 8 serving. No, they cannot give an opinion in every case - the caseload volume is too great.

Question 6

What are the three most important types of cases heard by the European Court of Justice?

Answer 6

Advisory Opinions
Preliminary References
Direct Actions

Question 7

Are advisory opinions issued by the Court really advisory?

Answer 7

No, they are binding. See 218(11) TEU

Question 8

What are preliminary references?

Answer 8

The Court of Justice ruling concerning:
1. The Interpretation of the Treaties
2. The validity and interpretations of the acts of the institutions, bodies, offices, or agencies of the Union.

Question 9

If there is not a judicial remedy left in the national court system, does a matter have to be referred to the European Court of Justice for a preliminary reference? What does “no judicial remedy left” mean?

Answer 9

Yes, the matter must be referred to the ECJ, although member states often don’t do that anyway. “No judicial remedy” means the Court of last instance in the member state, from which there can be no further appeals. (E.g. Irish Supreme Court)

Question 10

What is an advisory opinion?

Answer 10

A review of proposed legislation/agreement/etc by the Court of Justice to see if it is compatible with the treaties..

Question 11

What is a review action?

Answer 11

It is a review of the legality of legislative acts of EU bodies vis a vis how they impact third parties. The third party bringing the challenge must be directly effected by the matter at hand. It must be brought within two months of implementation.

Question 12

Can a review action be brought for an institution failing to act?

Answer 12

Yes, but this can only be done if the EU bodies have a duty to make law about something and they fail to do so.

Question 13

What are the primary exclusions from the ECJ’s jurisdiction?

Answer 13

-things related to common foreign and security policy
-operations carried out by police or other law enforcement services of member states

Question 14

What was the original name for the General Court? Why was it originally developed? What kind of cases does it hear?

Answer 14

The Court of First Instance. To relieve the ECJ’s case backlog. It can often deal with complex technical matters (e.g. competition law)

Question 15

Are adviocates general used in the General Court?

Answer 15

Yes, but the process is more informal than in the Court of Justice.

Question 16

What is the very new reg 2024/2019 about?

Answer 16

It outlines instances in which preliminary opinions can be referred to the General Court (in order to help the Court of Jusice with caseload.)

Case types will include VAT, excise duties, customs code, tariff classifications, airport/transport rows, greenhouse gas emissions allowance trading

Requests for a preliminary opinion will go to the Court of Justice, who will decide if it should be sent to the General Court. If the General Court thinks it is not within their jurisdiction, they can send it back to the CoJ.

The Court of Justice can review these decisions within one month of issuance by the General Court and decide it wants to get involved.