Week 9: Enforcement- Court of Justice of the EU Flashcards
what is the principle of sincere cooperation?
Is a fundamental principle within the EU institutions and the member states.
This principle emphasizes the need for mutual respect, trust, and collaboration between the EU and its member states.
What is “shared responsibility”?
- The implementation, application, and enforcement of European Union (EU) law are shared responsibilities between the EU and its member states
- primary responsibility lies with the member states themselves. While the EU formulates laws and regulations, it’s the duty of member states to implement, apply, and enforce these laws within their national legal systems.
What is the European Commissions role on the law enforcement?
Its role includes monitoring and ensuring compliance with EU law across member states. This action can be in response to various types of infringements:
- FAILURE TO NOTIFY (transposition deficit): when a member state does not notify the Commission about the measures taken to transpose an EU directive into its national law within the specified timeframe.
- NON-CONFORMITY: when a member state’s national legislation doesn’t align with the requirements stipulated in EU directives
- INFRINGEMENT OF TREATIES, REGULATIONS OR DECISIONS: If a member state’s legislation is not in line with the fundamental requirements or obligations outlined in the EU treaties, regulations, or specific decisions, it constitutes an infringement.
- INCORRECT APPLICATION OF EU LAW: EU laws are either not applied correctly or not applied at all by national authorities.
How is the Court of Justice of the European Union composed?
Is composed of two main courts: the Court of Justice and the General Court.
Describe the Court of Justice:
- What it does: It helps national courts understand and apply EU law correctly by answering their questions (this is called preliminary rulings).
- It also handles certain important cases, like appeals from the General Court and some actions to cancel EU decisions (annulment cases).
Think of it as the top court that ensures EU law is applied consistently across all member states.
COMPOSITION: .It is composed of one judge per member state, plus 11 advocates general. Appointed for 6 years with possibility of renewal.
Describe the General Court:
- What it does: It mainly deals with cases brought by individuals, companies, or even governments that are directly affected by EU decisions.
- It focuses on areas like:
- Competition law: For example, companies disputing fines for unfair practices.
- State aid: Cases about illegal government subsidies.
- Trade and agriculture: Disputes about EU rules in these fields.
- Trade marks: Disagreements over brand names and logos.
Think of it as the court that handles more specific, technical cases.
COMPOSITION: it is composed of at least one judge per member state (54 in total, 2 judges per MS).
What is an Advocate General?
- They are legal officers who assist higher courts. They do not represent clients or judges but they aid courts by providing impartial legal advice on cases being heard.
- AGs are full members of the Court but don’t participate in its deliberations.
- They assist the Court by thoroughly analyzing the legal aspects of cases assigned to them and providing impartial and independent legal opinions known as “AG Opinions.”
-Unlike the Court of Justice, the General Court doesn’t have permanent Advocates General
How is the selection of judges in the Court of Justice?
- The judges and Advocates-General of the CJ are chosen from individuals whose independence is unquestionable.
- They must also possess the qualifications required for appointment to the highest judicial offices in their respective countries or hold recognized expertise in legal matters.
How is the selection of Judges in the general Court?
- They are chosen based on their unquestionable independence and the ability necessary for appointment to high judicial office.
- ASSESSMENT CRITERIA: The candidate’s legal expertise; Professional experience; Ability to perform the duties of a Judge; Language skills; Aptitude for working in an international environment; Ability to manage a team; Computer skills; Impartiality and independence.
What are the functions of the CJEU?
- interpreting the law (preliminary rulings) – national courts of EU countries are required to ensure EU law is properly applied, but courts in different countries might interpret it differently.
- enforcing the law (infringement proceedings) – this type of case is taken against a national government for failing to comply with EU law.
- annulling EU legal acts (actions for annulment) – if an EU act is believed to violate EU treaties or fundamental rights, the Court can be asked to annul it
- ensuring the EU takes action (actions for failure to act) – the Parliament, Council and Commission must make certain decisions under certain circumstances.
- sanctioning EU institutions (actions for damages) – any person or company who has had their interests harmed as a result of the action or inaction of the EU
What are the grounds for annulment?
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 power.
What is “action for Annulment?
legal procedure within the European Union that allows certain entities or individuals to challenge the legality of EU legislative acts, regulatory measures, or decisions.
What is “preliminary ruling”?
When a national court within a member state is faced with a case involving EU law, and it’s uncertain about the interpretation or validity of an EU law, it can refer questions to the CJEU for a preliminary ruling
How is the preliminary ruling procedure?
National court refers specific legal questions related to the interpretation or validity of EU law to the CJEU. The CJEU provides a ruling on the referred questions 🡪 answers sent to the national court 🡪 national court judgment.
What types of questions can be considered for the preliminary ruling?
- Questions of Validity: Concern the validity of binding secondary measures (e.g., regulations, directives) in the context of both EU law and international law binding the EU.
2.Questions of Interpretation: Center on interpreting the meaning of EU law.
