The European Court of Justice is a commonly-used nickname in English law for the Court of Justice, the Supreme Court of the European Union. It sits in Luxembourg, the seat of justice for the European Union, and has jurisdiction to interpret the EC Treaties and issues relating to EC Law.
The term “European Court of Justice” comes from the court's former title, the Court of Justice of the European Communities; which is often too long for everyday use. The name of the ECJ was changed by the Lisbon Treaty when it came into effect on 1 December 2009.
Composition of the Court of Justice
Since it inauguration in 1952, the court has consisted of one judge from each European Member State, making a total of 27 judges as of 2010. Each judge sits for six years and cannot be recalled by their appointing Member State during this period.
For a judge to be removed, there must be an unanimous decision passed by all the other sitting judges plus the Advocates-General. The judges are appointed on a rolling basis, to ensure they do not all retire at once.
What is an Advocate-General?
Each case brought to the European Court of Justice is assessed by a specialised lawyer known as an Advocate-General. Their role is to assess the evidence and related paperwork of the case, then prepare a report on the decision they would reach if they were presiding over the matter as a judge.
This conclusion is read in open court as part of the proceedings in the case. Although the judges are not bound to follow the Advocate-General's decision, they often will.
Court Proceedings in the ECJ
When in session, the Court of Justice sits in chambers of three or five judges. Although 7 judges can sit on more important cases, this is rare. Although the working language of the Court is French, arguments are presented in the parties' native tongues.
Proceedings are conducted predominantly through written submission, as is typical of civil law jurisdictions and there is little room for the common law argumentative style. Decisions are presented in open court.
Unlike the system adopted by the House of Lords, there are no dissenting judgments in ECJ rulings. Instead the judges will reach a single collegiate decision; made possible by the odd number of judges sitting on each case. The Court is not bound by its previous decisions but it does seek consistency, so it is rare for judgments to go against established EC case law.
The Court publishes its decisions in the European Court Reports, its official law reports. These are made available online via the “Access to European Union Law” service, EUR-Lex.
Competence of the ECJ
The Court is empowered to hear cases on all aspects of EU law not reserved to the General Court; which was known as the Court of First Instance prior to 1 December 2009. However, the ECJ will hear appeals from the General Court on matters of law in much the same way as the English appeals system works.
Individuals are not able to bring a case to the Court of Justice directly. Instead, they must bring a case in their relevant national court, which has the power to request a preliminary ruling on an interim reference to the ECJ under Article 234EC.
The purpose of this indirect method is to prevent the court from being overrun with cases that can be decided on a national level. This also allows the national courts to better structure judgments in line with the way European law has been enacted in their own countries.
When a Member State has failed to observe or correctly implement European Community legislation, the European Commission may use Article 226EC to bring a case against that Member State in the ECJ. Another Member State may bring proceedings under Article 227EC for the same reasons but this is very rare.
The Court has the power to order a Member State found in breach of EC law to take action to remedy the breach, and can issue heavy fines if this does not happen. Fines can take the form of a fixed or recurring penalty, depending on the severity of the case.
As the Supreme Court of the European Union, the European Court of Justice has jurisdiction over the interpretation of both the Treaty Articles forming the basis of the EU and also the individual regulations and directives that make up the majority of European Community law. It may issue interim references on request from national courts, further shaping the law, and fine Member States that fail to comply with it.
References
- Harris P., An Introduction to Law (Seventh Edition), Cambridge University Press, Cambridge
- Slapper G. and Kelly D., The English Legal System (Eighth Edition), Routledge-Cavendish, Oxon
Zoe Kirk-Robinson - Zoë Kirk-Robinson is a freelance writer/artist specialising in legal writing, internet technology and creative writing. She holds a ...
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