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Court of Justice of the European Union

Coordinates:49°37′12″N6°08′22″E / 49.62000°N 6.13944°E /49.62000; 6.13944
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Institution of the European Union
For the supreme court of the European Union in matters of European Union law, seeEuropean Court of Justice.
For the international court of the Council of Europe which interprets the European Convention on Human Rights, seeEuropean Court of Human Rights.
"CJEU" redirects here. For the AM radio station, seeCJEU (AM).

Court of Justice of the European Union
Emblem of the Court of Justice of the European Union

Palais de la Cour de Justice, Luxembourg
Judicial branch overview
Formed1952
JurisdictionEuropean Union andNorthern Ireland[a]
HeadquartersPalais de la Cour de Justice,Kirchberg,Luxembourg City,Luxembourg
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TheCourt of Justice of the European Union (CJEU) (French:Cour de justice de l'Union européenne or "CJUE";Latin:Curia[2]) is thejudicial branch of theEuropean Union (EU). Seated in theKirchberg quarter ofLuxembourg City,Luxembourg, this EU institution consists of two separate courts: theCourt of Justice and theGeneral Court.[3][4] From 2005 to 2016, it also contained theCivil Service Tribunal. It has asui generis court system, meaning 'of its own kind', and is a supranational institution.[5]

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 member states.[4] The 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]

Composition

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The CJEU consists of two major courts:[7]

  1. theCourt of Justice, informally known asEuropean Court of Justice (ECJ), which hears applications from national courts for preliminary rulings, annulment and appeals. It consists of one judge from each EU member country, as well as 11 advocates general.
  2. theGeneral Court, which hears applications for annulment from individuals, companies and, less commonly, national governments (focusing oncompetition law,state aid, trade, agriculture andtrade marks). The General Court is composed of 2 judges from each member country (currently 54),[8] though only 49[citation needed] seats are currently filled.

Judges and advocate generals are appointed for a "renewable 6-year term, jointly by national governments".[9]

Function

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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
  • interpretsEuropean Union law.[4]

The composition and functioning of the courts are regulated by the Rules of Procedure.[10]

History

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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).[10] In 1988 the Court requested the Commission to create aCourt of First Instance and in 2004 it added the Civil Service Tribunal.[10] 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.[11]

Legal interpretation

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The Court of Justice of the European Union embraces thesubstantive equality interpretation of the European Union anti-discrimination law.[12]

See also

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Notes

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  1. ^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]

References

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  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.
  2. ^"Court of Justice of the European Union".curia.europa.eu.
  3. ^Article 19TEU:The Court of Justice of the European Union shall include the Court of Justice, the General Court and specialised court.
  4. ^abc"General Presentation".Curia. Europa. Retrieved23 October 2015.
  5. ^Bordin, Fernando Lusa; Müller, Andreas Th.; Pascual-Vives, Francisco (31 August 2022).The European Union and Customary International Law. Cambridge University Press. p. 50.ISBN 978-1-108-96751-8.
  6. ^"Court of Justice of the European Union (CJEU)".Europa. Retrieved23 October 2015.
  7. ^"Court of Justice of the European Union (CJEU)".Europa.eu. 16 June 2016. Retrieved13 March 2017.
  8. ^"Presentation - Court of Justice of the European Union".CURIA. Retrieved2 September 2024.
  9. ^Court of Justice of the European Union (CJEU), Composition
  10. ^abcEuropean Parliament. Directorate General for Parliamentary Research Services. (2016).The role of constitutional courts in multi-level governance: European Union : the Court of Justice of the European Union. LU: Publications Office.doi:10.2861/8.ISBN 9789284602629.
  11. ^"Language arrangements at the Court of Justice of the European Union".Curia. Europa. Retrieved8 September 2018.
  12. ^De Vos, Marc (2020)."The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law".International Journal of Discrimination and the Law.20:62–87.doi:10.1177/1358229120927947.

Further reading

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External links

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