 Credit © Europan Court of Justice, 2007 |
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Website: http://curia.europa.eu/en/transitpage.htm The European Court of Justice (ECJ) maintains the respect of Community law in Member States and ensures that Community law is interpreted and applied identically in all Member States. It was created in 1951 and is based in Luxembourg together with the Court of First Instance (CFI), which was established in 1988. Structure ECJ The European Court of Justice is composed of 27 judges and 8 advocates general, who are selected by national governments (subject to the agreement of all governments) for a six-year renewable term. The judges elect the ECJ President for a 3-year renewable period. The judges and advocates general elect a clerk for a 6-year renewable period. Deliberations of the court can take place in the full court (which would only happen in very exceptional circumstances, such as the removal of a member of the European Commission), in a grand chamber of thirteen judges, or in a chamber of three or five judges. The ECJ is also has its own linguistic service, including a team of interpreters. CFI The Court of First Instance is composed of twenty-seven judges, eight advocates general and a registrar. The judges are divided into six chambers consisting of either three or five judges. The judges are appointed by the Member States for a 6-year term, which is renewable, while the President of the Court is elected by the judges themselves, for a period of 3 years. They also appoint a Registrar for a six-year period. Powers The ECJ may hear a case where an EU individual, a Member State, an undertaking or a Community Institution is party to a dispute. It will meet in plenary or in chamber depending on the matter in dispute. According to the Maastricht Treaty, the ECJ is not authorised to intervene on Foreign policy and EU security nor on justice and home affairs issues. However, the Amsterdam Treaty authorised its involvement in the field of police and legal cooperation. The Court of First Instance provides the ECJ with support in relation to claims raised by natural and legal persons and also intervenes in competition issues. Various actions can be brought before the ECJ - Proceedings against a Member State for failure to fulfil an obligation under Community Law - Proceedings for annulment of a piece of Community legislation - Proceedings for failure to act by an EU institution - Action for damages caused by EU Institutions or EU civil servants - Appeal on point of law of a judgement given by the Court of First Instance - Preliminary ruling (member courts or individuals may refer to the ECJ on a particular point of law in order to ensure uniformity of interpretation of Community law) More details of the work of the ECJ can be found here - http://curia.europa.eu/en/instit/presentationfr/index_cje.htm |