Institutions of the European Union
History
The Court of Justice of the European Communities (often referred to simply as ‘the Court') was set up under the ECSC Treaty in 1952. It is based in Luxembourg.
Its job is to make sure that EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone. It ensures, for example, that national courts do not give different rulings on the same issue.
The Court also makes sure that EU member states and institutions do what the law requires. The Court has the power to settle legal disputes between EU member states, EU institutions, businesses and individuals.
Structure
The Court is composed of one judge per member state, so that all 27 of the EU's national legal systems are represented. For the sake of efficiency, however, the Court rarely sits as the full court. It usually sits as a ‘Grand Chamber' of just 13 judges or in chambers of five or three judges.
The Court is assisted by eight ‘advocates-general'. Their role is to present reasoned opinions on the cases brought before the Court. They must do so publicly and impartially.
There are three courts:
- The Court of Justice;
- The Court of First Instance;
- The Civil Service Tribunal.
Functions
The Court gives rulings on cases brought before it. The five most common types of case are:
- references for a preliminary ruling;
- actions for failure to fulfil an obligation;
- actions for annulment;
- actions for failure to act;
- actions for damages.
Changes under the treaty of Lisbon
The Treaty of Lisbon will rename the Court of Justice of the European Communities the 'Court of Justice of the European Union'.
A new 'emergency' procedure will be introduced into the preliminary reference system, which will allow the Court of Justice to act "with the minimum of delay" when a case involves an individual in custody.
The ECJ's jurisdiction will continue to be excluded from matters of foreign policy, though it will have new jurisdiction to review foreign policy sanction measures. It will also have jurisdiction over certain 'Area of Freedom, Security and Justice' (AFSJ) matters not concerning policing and criminal cooperation.
The Court of First Instance will be renamed the 'General Court'.