Week 8 Flashcards
Distribution of roles European vs national judge
CJEU
- Disputes between EU institutions
- Disputes between MS and EU institutions
- Disputes between individuals and EU institutions
National court
- Disputes between MS and individuals
- Disputes between inidviduals
Bridge between the two: art. 267 The preliminary ruling
The preliminary ruling
Article 267 TFEU
The court of Justice of the European Union shall have jurisdiction to give preliminary rulings
Concerning:
a) the interpretation of the Treaties
b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union
Aim and scope of the preliminary ruling
- Uniform application
- Judicial protection of individuals
- Decentralized enforcement
What is a court or tribunal?
Some important requirement;
- Established by law
- Permanent, with compulsory jurisdiction
- Settles disputes between parties
- Applies legal rules
- Is independent
Distinction highest and lower courts
Interpretation
- Lower courts may ask vs. highest courts must ask questions
- There is the exception of acte claire or acte éclairé
Validity
- Lower and higher courts must
Foto-Frost arrest –> A national judge does not have the power to invalidate a community handeling.
The CJEU
The CJEU has direct and indirect jurisdiction
The direct jurisdiction consists out of:
- Infringement procedure
- Annulment procedure
- Action for failures to act
- Non-contractual liability of the EU
The indirect jurisdiction consists out of;
- Preliminary ruling procedure
The ECJ steps up when…
- Incorrect implementation/ no implementation
- Factual behavior
- Breaches Charter of Fundamental rights
Article 258 TFEU
The initiator is the commission
- Has discretionary powers
- Member State (very rarely) may also initiate
The defendant is the Member State
Procedure
- Administrative phase
- Judicial phase
Article 260 TFEU
How it works in practice
- Normally only after the second judgement
Height of the payment is dependent upon;
- Duration of the breach
- Seriousness of the breach
- Ability to pay of the Member state
Action for annulment
Initiator is Member state, EU institutions or organ, private individual
Defendant is EU institution(s), organs and institutions of the EU
Grounds are
- Lack of competence
- Infringement of an essential procedural requirement
- Infringement of the Treaties or of any rule of law relating to their application
- Misuse of powers
Action for annulment
Priviliged applicants: Member States, EP, Council, Commission
To protect ‘their prerogatives’: Court of Auditors, ECB, Committee of the Regions
Direct and individual concern
Direct concern:
- Direct causal link between the contested act and the new legal position of the individual concerned
Individual concern:
- Plaumann formula
The decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons and by virtue of these factors distinguishes them individually just as in the case of the person addressed
(In the Plaumann case there was no individual concern)
