Gavin Howe
The Court of Justice of the European Union (CJEU) is the supreme court of the European Union in matters of European Union law. The CJEU interprets EU law to ensure it is applied uniformly across all EU member states and settles legal disputes between national governments and EU institutions. The court can sanction EU institutions for actions or inactions that harm individuals or companies, and it can also be used by individuals, companies, or organisations to take action against an EU institution if they feel their rights have been infringed. The CJEU can also hear cases regarding the annulment of EU legal acts, ensuring EU action, and enforcing the law. The court has the power to impose financial penalties on member states that fail to comply with its rulings.
| Characteristics | Values |
|---|---|
| Official name | Court of Justice (French: Cour de Justice) |
| Popular name | European Court of Justice (ECJ) |
| Type of court | Supreme court of the European Union in matters of European Union law |
| Year established | 1952 |
| Location | Luxembourg |
| Number of judges | 27 (one per member state) |
| Number of judges per case | 3, 5, or 15 |
| President | Koen Lenaerts (since 2015) |
| Powers | Interpreting EU law, ensuring uniform application of EU law, settling legal disputes between national governments and EU institutions, sanctioning EU institutions, enforcing the law, annulling EU legal acts, ensuring the EU takes action, etc. |
| Recent developments | Asserted itself and constitutionalised novel obligations for member states to safeguard the rule of law in light of democratic breakdowns in Hungary and Poland |
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What You'll Learn
European Court of Justice's power
The European Court of Justice (ECJ), officially the Court of Justice (French: Cour de Justice), is the supreme court of the European Union in matters of European Union law. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. The Court of Justice of the European Union (CJEU) interprets EU law to make sure it is applied in the same way in all EU countries, and settles legal disputes between national governments and EU institutions.
The Court was established in 1952 and is based in Luxembourg. It is composed of one judge per Member State – currently 27 – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by President Koen Lenaerts since 2015.
The ECJ has broad jurisdiction to hear various types of action. It can rule on applications for annulment or actions for failure to act brought by a Member State or an institution; take actions against Member States for failure to fulfil obligations; and hear references for a preliminary ruling and appeals against decisions of the General Court. The Court can also, in certain circumstances, be used by individuals, companies or organisations to take action against an EU institution if they feel it has infringed their rights.
The ECJ's power has evolved in response to political events. For example, the autocratization of Hungary and Poland prompted a revolution in the ECJ's caselaw. The ECJ imposed novel obligations on EU member states to safeguard the rule of law while expanding the legal bases for the EU to sanction governments breaching the Union's fundamental values.
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Treaty of Lisbon
The Treaty of Lisbon, signed on 13 December 2007, was a result of the negative outcome of two referendums on the Constitutional Treaty in May and June 2005. The Treaty, which came into force on 1 December 2009, amends the Treaty on European Union and the Treaty establishing the European Community.
The Treaty of Lisbon gives the EU full legal personality, allowing the Union to sign international treaties in areas of its attributed powers or to join an international organisation. The Treaty also clarifies the powers of the Union, distinguishing between exclusive competence, shared competence, and supporting competence. Exclusive competence refers to areas where the Union alone can legislate, with Member States only responsible for implementation. In cases of shared competence, Member States can legislate and adopt legally binding measures if the Union has not done so. Finally, in the case of supporting competence, the EU adopts measures to support or complement Member States' policies.
The Treaty of Lisbon enhances citizens' participation and protection and creates a new institutional setup. It modifies decision-making processes to increase efficiency and transparency, achieving a higher level of parliamentary scrutiny and democratic accountability. Unlike the Constitutional Treaty, the Treaty of Lisbon does not contain an article formally declaring the supremacy of Union law over national legislation.
The Treaty of Lisbon also provides a formal procedure for Member States wishing to withdraw from the European Union. It is worth noting that the Treaty of Lisbon does not create state-like Union symbols such as a flag or anthem.
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National laws
The Court of Justice of the European Union (CJEU) is the final authority on the interpretation and application of EU law across all member states. It ensures that EU law is applied uniformly across the Union and that EU institutions and member states comply with EU law. The CJEU is not the highest court for national laws; it does not deal with appeals against decisions of national courts.
Each member state of the EU has its own law and legal system. National laws are published in the official language(s) of the member state and are only legally binding in these languages. National laws can be valid across the member state or applicable only in certain areas or regions. National laws are derived from various sources, including the constitution, statutes or legislation (which can be adopted at the national, regional or local level), and regulations by government agencies. Judicial decisions by member state courts can also develop into case law.
National courts are the first guarantors of EU law and are responsible for ensuring its uniform application. They may refer questions of EU law to the CJEU for clarification. The CJEU's response takes the form of a judgment or reasoned order, which is binding on the referring national court and other national courts that may hear the same issue.
In certain cases, the CJEU can rule on the compatibility of national laws or practices with EU law. For example, in Francovich v Italy, the CJEU established that member states could be liable to pay compensation to individuals who suffered losses due to the member state's failure to transpose an EU directive into national law. In Mangold v Helm, the CJEU overruled a German law that would have discriminated in favour of older workers.
While the CJEU's rulings are controversial and have been criticised for overstepping its powers, member states can influence the Court and the development of EU law. For instance, member states can clarify and change laws following a ruling to align them with national political interests.
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Court's jurisdiction
The Court of Justice of the European Union (CJEU) interprets EU law to ensure it is applied uniformly across all member states. It settles legal disputes between national governments and EU institutions, and in certain circumstances, individuals, companies, or organisations can take action against an EU institution if they feel their rights have been infringed.
The CJEU gives rulings on cases brought before it, with the most common types being interpreting the law (preliminary rulings) and enforcing the law (infringement proceedings). National courts of EU countries are required to ensure EU law is properly applied, but the interpretation may differ between countries. If a national court is uncertain about the interpretation or validity of an EU law, it can refer to the CJEU for clarification. This mechanism ensures that national laws or practices are compatible with EU law.
The CJEU has broad jurisdiction to hear various types of actions. It can rule on applications for annulment, take action against member states for failing to fulfil obligations, and hear references for preliminary rulings and appeals against decisions of the General Court. The CJEU's jurisdiction also extends to the European Atomic Energy Community (Euratom), with principles similar to its relationship with the European Union.
The CJEU's decisions are binding, and if a Member State does not comply with a judgment, the Court can impose financial penalties. The Court has played a significant role in safeguarding the rule of law and democratic values within the EU, particularly in response to democratic breakdowns in Hungary and Poland.
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EU law primacy
The principle of the primacy of EU law, also referred to as 'supremacy' or 'precedence', establishes the precedence of European Union law over conflicting national laws of EU member states. This principle is based on the understanding that if EU law did not take precedence, member states could allow their national laws to override primary or secondary EU legislation, hindering the pursuit of EU policies.
The primacy of EU law has been developed through the case law of the Court of Justice of the European Union (CJEU), which interprets EU law to ensure uniform application across all member states. The CJEU ruled that European law has priority over any conflicting national law, including the constitution of a member state. This means that national courts and officials must disapply national norms that are not compliant with EU law.
However, the majority of national courts have only recognised and accepted this principle to the extent that European law does not outrank their country's constitution. As a result, national constitutional courts have reserved the right to review the conformity of EU law with their national constitutional law. For instance, in 2016, the Belgian Constitutional Court ruled that there are limits to the primacy of EU law over the Belgian Constitution, upholding the core of Belgium's constitutional identity.
The CJEU plays a crucial role in ensuring the uniform application of EU law and preventing divergent interpretations. National courts can refer to the CJEU for clarification on the interpretation of EU law and to ascertain whether their national legislation complies with it. The CJEU's rulings are binding, providing clarity to European citizens on the rules and their rights within the EU framework.
In summary, the primacy of EU law asserts the precedence of European Union law over conflicting national laws of member states. This principle has been established through the case law of the CJEU, which interprets and enforces EU law to ensure uniform application across the EU. While most national courts accept this principle, they also retain the right to review the conformity of EU law with their national constitutions, highlighting the dynamic interplay between EU law and national legal systems.
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Frequently asked questions
Yes, the European Court of Justice (ECJ) can remove laws. It is the supreme court of the European Union in matters of European Union law and can annul EU laws if they are believed to violate EU treaties or fundamental rights.
The ECJ ensures that the law is observed in the interpretation and application of the Treaties of the European Union. It can take action against Member States for failing to fulfil their obligations under Union law and impose financial penalties if they do not comply.
National courts are the first guarantors of Union law and are responsible for applying EU law in their respective countries. However, if there is a dispute involving EU law, national courts can refer to the ECJ for clarification on the interpretation of EU law.
In certain circumstances, individuals, companies, or organisations can bring cases to the ECJ if they feel their rights have been infringed by an EU institution.
The General Court is a separate court that deals with actions for annulment brought by individuals, companies, and sometimes EU governments. The ECJ can hear appeals against decisions of the General Court, but only if the appeal is on a point of law.
