The Court of Justice of the European Communities (often referred to simply as ‘the Court’) was set up under the ECSC Treaty in 1952. The Court is responsible that EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone. The ECJ functions The Court has jurisdiction in common policy areas of the First Pillar (EC). The Amsterdam Treaty also gave the ECJ powers of scrutiny over the CFSP and the activities of the European Council. In addition, it can rule on the legality of framework decisions and decisions on Police and Judicial Cooperation in Criminal Matters. Notably, ‘preliminary rulings’ are a means whereby the Court can take decisions on the validity and interpretation of framework decisions and decisions in this areas. Under certain conditions in the future, the ECJ will also be able to make rulings on asylum and immigration law.

Court judgments are made by the majority of its members, and are irrevocable and mandatory

European Court of Justice fulfils the following functions:

-        Ensures that national courts do not give different rulings on the same issue;

-        Settle legal disputes between EU member states; between EU member states and European Union; between EU institutions; between European Union and businesses and individuals, inclusively the EU civil servants;

-        Takes the preliminaryy rulings regarding the legality and viability of the national courts decisions;

-        Interpretsthe international agreements and treaties;

-        Imposes fines on member states for not complying with the will of the Court (according to the Maastricht Treaty);

Structure

The Court is composed of one judge per member state, so that all 25 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 of Justice has a President, chosen by their fellow-judges to serve for a renewable term of three years. Vassilios Skouris, from Greece, was elected President of the Court of Justice in 2003.

The Court is assisted by 8 ‘advocates-general’. Their role is to present reasoned opinions on the cases brought before the Court. They must do so publicly and impartially.

The judges and advocates-general are people whose impartiality is beyond doubt. They are appointed to the Court of Justice by joint agreement between the governments of the EU member states. Each is appointed for a term of six years, which may be renewed.

The Procedure

The cases come to ECJ by three ways:

1. from the national courts, in accordance with the art. 234 of the TEC

2. from the European Commission, which brings action against the member states (art. 226);

3. from the member state, which brings action against another member state (art. 227).

Cases are submitted to the registry and a specific judge and advocate-general are assigned to each case. The procedure that follows is in two stages: first a written and then an oral phase.

At the first stage, all the parties involved submit written statements and the judge assigned to the case draws up a report summarising these statements and the legal background to the case.

Then comes the second stage – the public hearing. Depending on the importance and complexity of the case, this hearing can take place before a chamber of three, five or 13 judges, or before the full Court. At the hearing, the parties’ lawyers put their case before the judges and the advocate-general, who can question them. The advocate-general then gives his or her opinion, after which the judges deliberate and deliver their judgment.

Since 2003, advocates general are required to give an opinion on a case only if the Court considers that this particular case raises a new point of law. Nor does the Court necessarily follow the advocate-general’s opinion.

Judgments of the Court are decided by a majority and pronounced at a public hearing. Dissenting opinions are not expressed. Decisions are published on the day of delivery.

The Court of First Instance

To help the Court of Justice cope with the large number of cases brought before it, and to offer citizens better legal protection, a ‘Court of First Instance’ was created in 1989. This Court (which is attached to the Court of Justice) is responsible for giving rulings on certain kinds of case, particularly actions brought by private individuals, companies and some organizations, and cases relating to competition law. This is meant to make better use of the ECJ by EU officials and European citizens and thereby distribute the workload between the ECJ and the CFI more evenly Like the ECJ, the CFI sits in Luxembourg.

A new judicial body, the ‘European Civil Service Tribunal’, has been set up to adjudicate in disputes between the European Union and its civil service. This tribunal is composed of seven judges and is attached to the Court of First Instance.

Headquarters: Luxembourg.

WEB – page : http://curia.eu.int

Source: http://curia.eu.int