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EU Law Making - Institutions (CJEU) (The Judges (greatest number of CJEU…
EU Law Making - Institutions (CJEU)
What is the role of the Court of Justice of the European Union?
to ensure that EU law is observed (in terms of application and interpretation)
to provide a forum for resolving disputes between EU institutions, Member States and individual EU citizens
to protect individual rights under EU law
The Judges
total number of CJEU judges (one from each Member State):
28
greatest number of CJEU judges that sit at once (a full court) in particular circumstances:
e.g. cases of exceptional circumstances
11
number of judges that sit for other cases:
5 or 3 judges
judges are from the highest judicial posts in their country or leading academic lawyers
they are appointed for a term of 6 years
they can be re-appointed for a further term
they are assisted by 11 Advocates General who also hold office for 6 years
Preliminary Rulings
the judges don't decide the national case, they sort out the issue of EU law (making a preliminary hearing) and then returning the case to the original national court
the national court then applies the preliminary ruling to the facts of the case before it
preliminary = preceding or done in preparation for something fuller or more important.
Court Structure/Binding
Tops:
Court of Justice of the EU
Supreme Court
Court of Appeals
CJEU is not part of the English court structure but its decisions are binding on all UK courts on matters of EU law ONLY
CJEU is not bound to follow its own precious decisions but aims to be consistent
the supreme court in London tops the English court structure and is the highest national appeal court for civil and crminal
appeal = applying to a higher court for a reversal of the decision of a lower court
Article 267
where there is no further right of appeal from the national court within a Member State's national court system
the national court must refer points of European law to the CJEU
this means that the UK supreme court must refer questions of EU law on appeal
other lower national courts are permitted to ask the CJEU for a preliminary ruling on a point of EU law
however, as it is possible for such courts to appeal within their own national system, they can CHOOSE whether to refer the case to the CJEU
for ex., the CA may ask the CJEU to make a preliminary ruling if the CA thinks that a CJEU ruling on EU law is required to allow the CA to reach a decision before using it
the CJEU does not decide the national case
it resolves the issue of EU law, making a preliminary ruling
it then returns the case to the original national court
the national court then aplies the ruling to the facts of the case and reaches a decision
CJEU roles summarised
decides whether Member State has failed in its obligation (:black_flag: Article 258 TFEU)
:red_flag: Tachographs case
hears preliminary rulings ( :black_flag: Article 267 TFEU)
:red_flag: Van Duyn v Home Office
How is the operation of the CJEU different to the English court system
must present cases on paper (arguments etc.), far less reliance on oral presentation
use of the Advocate general
assigned to the case and will present findings on the law after parties have made their submissions
contrasts with dissenting judge who makes disagreement known and delivers judgement
Where is the Court of Justice?
Luxembourg