The CJEU is the chief judicial authority of the EU and oversees the uniform application and interpretation ofEuropean Union law, in co-operation with the national judiciary of the EU member states.[4] CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies, or organisations whose rights have been infringed.[6]
theCourt of Justice, informally known asEuropean Court of Justice (ECJ), has the competence to hear applications from national courts for preliminary rulings on the interpretation ofEU law, direct actions againstEU member states for failure to fulfil an obligation, direct actions againstEU institutions for annulment and for failure to act, as well as to hear appeals on points of law in rulings and orders of theGeneral Court.[8] The Court of Justice is composed of one judge from each EU member state (currently 27), assisted by 11Advocates General. If assigned to a case, an Advocate General prepares an independent, non-binding opinion to assist the court in its deliberations.[9]
theGeneral Court, known prior to theTreaty of Lisbon as the Court of First Instance, has the competence to hear actions brought by natural or legal persons against acts of EU institutions and agencies, actions brought by EU member states against theCommission orCouncil, actions for damages caused by EU institutions or agencies, actions relating to intellectual property, actions relating to employment and social security disputes between EU institutions and their staff, as well as limited applications from national courts for preliminary rulings.[10] The General Court is composed of two judges from each EU member state (currently 54),[11] though only 53 seats are currently filled.[12]
Judges and Advocates General are appointed for a "renewable 6-year term, jointly by national governments".[13]
The CJEU's specific mission is to ensure that "the law is observed" "in the interpretation and application" of theTreaties of the European Union. To achieve this, it:
reviews the legality of actions taken by the EU's institutions;
enforces compliance by member states with their obligations under the Treaties, and
The CJEU was originally established in 1951 as a single court called theCourt of Justice of the European Coal and Steel Communities. With theEuratom and theEuropean Economic Community in 1957 its name changed to theCourt of Justice of the European Communities (CJEC).[14] In 1988 the Court requested the Commission to create aCourt of First Instance and in 2004 it added the Civil Service Tribunal.[14] The Civil Service Tribunal are for issues of public employment.
TheTreaty of Lisbon in 2009 renamed the court system to the "Court of Justice of the European Union" and renamed the CJEC to the "Court of Justice".
The working language of the Court of Justice of the European Union isFrench.[15]
^Under the terms of the Protocol on Ireland/Northern Ireland, concluded as part of theBrexit withdrawal agreement, the CJEU continues to have jurisdiction over the operation of EU law applying to Northern Ireland in relation tocustoms and the movement of goods,technical regulations,VAT and excise, theSingle Electricity Market andState aid, and may hear applications for preliminary rulings made by Northern Irish courts.[1]
^House of Lords European Union Committee (1 June 2020).9th Report of Session 2019–21: The Protocol on Ireland/Northern Ireland (Report).House of Lords. p. 65. Archived fromthe original on 31 January 2021. Retrieved2 January 2021.The Protocol will also confer full jurisdiction on the CJEU to oversee the operation of EU law applying to Northern Ireland in relation to customs and the movement of goods, technical regulations, VAT and excise, the Single Electricity Market and State aid; including the jurisdiction to hear applications for preliminary rulings submitted by the courts of Northern Ireland. The UK will have the right to participate in these proceedings as if it were a Member State.
^Bordin, Fernando Lusa; Müller, Andreas Th.; Pascual-Vives, Francisco (31 August 2022).The European Union and Customary International Law. Cambridge University Press. p. 50.ISBN978-1-108-96751-8.
Beck, Gunnar (2013).The Legal Reasoning of the Court of Justice of the EU. Oxford: Hart Publishing.
Mikelsone, Gundega (2013).The Binding Force of the Case Law of the Court of Justice of the European Union.ISSN2029-2058.[1]Archived 26 October 2019 at theWayback Machine
