European Union Law and the EU's courts
17 important questions on European Union Law and the EU's courts
Does EU law take precedence over national law?
- Yes.
EU law is a key feature of the EU system. As it impacts extensible and directly on national sovereignties, it is often also a controversial and contested feature.
Crucial to the successful operation of the EU's legal system is the EU's courts.
- In what framework do the courts operate?
- The European courts operate within the framework of the Court of Justice of the European Union.
- CJEU.
What makes the EU different from an international organisation in which countries cooperate with one another?
- It is an organisation in which states have voluntarily surrendered their right, across a broad range of important sectors, to be independent in the determination and application of public policy.
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An enforceable legal framework is the essential basis of decision-making and decision application in all democratic states. Although the EU is not itself a state, this does apply to the EU.
- Why?
- Because the EU is more than merely another international organisation.
Without the body of law, effective EU decision-making on policies would not be possible.
- Why?
- Because the law provides authority to give independent rulings on what the law entails and how it should be interpreted.
- The law sets out the powers and responsibilities of the institutions and the member states of the EU.
Article 19 TEU states that "The Court of Justice of the European Union ... Shall ensure that in the interpretation and application of the Treaties the law is observed".
- Define the implication of this and of certain other Treaty articles.
- The implication of this is that the EU's courts need not regard written EU law as the only source of law to which they may refer.
EU law is not as wide-ranging as national law. It is not, for instance, much concerned with criminal law, property law, or family law. Nor does it have much to do with policy areas such as education or health.
- What is EU law primarily, although by no means exclusively about?
- Economic activity.
The context of the examination of EU policies that are presented in this chapter.
- Name three points that are of general significance to the content of EU Law.
- EU law is not as wide-ranging as national law.
- In virtually all policy areas EU law sits side by side with national law.
Even in areas where there is a high degree of EU relation, such as with the functioning of agricultural markets, national laws covering various matters still exist. - The range of EU law has broadened considerably over the years.
As already noted, EU law is primarily economic in character, but less dominantly so than it was.
The status of EU Law.
EU law constitutes an autonomous legal system, imposing obligations and rights on both individuals and member states, and limiting the sovereignty of member states. There are two main pillars of this legal system.
- Define these two pillars:
- Direct effect.
The principle whereby certain provisions of EU law may confer rights or impose obligations on individuals that national courts are bound to recognise and enforce. - Primacy.
European Law primacy principle is that when there is a conflict between European Law and the law of its member states, European Law prevails.
Somewhat surprisingly, until the Treaty of Lisbon, there was no explicit reference in the treaties to the primacy or supremacy of EU law over national law.
The Court of Justice and the General Court are both located in Luxembourg. The Courts should not be confused by the Strasbourg-based court.
- What is the name of the Strasbourg-based court?
- European Court of Human Rights.
The ECHR is part of the Council of Europe institutional system.
- How many judges have The Court of Justice?
- 28. One from each member state.
The Court is assisted by 11 advocated-general.
- Define the concept of the preliminary ruling:
- A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law.
- Given in response to a request from a court or tribunal of a European Union Member State. A preliminary ruling is a final determination of EU law, with no scope for appeal.
- Provide a definition for a Reference preliminary ruling:
- The References for preliminary ruling give interpretations on points of EU law to enable national courts to make a ruling.
- The Court cannot make a pronouncement on a case that happens to have come to its attention unless a reference has been made to it by the appropriate national court.
Preliminary rulings serve three principal functions.
- Define those three functions:
- Help to ensure that national courts make legally "correct" judgements.
- They are generally accepted by all national courts as setting a precedent, they promote the uniform interpretation and application o fEU law in the member states.
- They provide a valuable source of access to the Court for private individuals and undertakings who cannot directly appeal to it, either because there is no legal provision or because of insufficient funds.
The Court of Justice on whether member states have failed to fulfil obligations under the Treaty. Failure to fulfil obligation cases constitute virtually all of the direct action cases that come before the Court.
- Who initiates the actions against states for failures?
- The Commission.
- Member states.
The Commission must first give the state(s) against which the charge is made an opportunity to submit observations and then deliver a reasoned opinion. Only if this fails to produce proper compliance with EU law can the matter be referred to the Court.
- Which Treaty gave the Court, for the first time, the power to impose penalties on member states for not complying with Court judgements in respect of failures to fulfil obligations?
- The Treaty of Maastricht.
Actions for annulment account for a considerable volume of the cases brought before the CJEU.
- Define the purpose of the Application for annulment:
- Shall review the legality of legislative acts, of acts of the Council, of the Commission and of the European Central Bank, other than recommendations and opinions, and of acts of the European Parliament and of the European Council.
- The Application for annulment shall review the legality of acts of bodies, offices or agencies of the Union intended to produce legal effects vis-a-vis third parties.
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