The Court of Justice of the European Union ensures uniform application of EU law across Member States through direct proceedings and preliminary rulings. Its role in legal integration, judicial supremacy, and shaping key legal principles is pivotal for the EU.
Introduction
The Court of Justice of the European Union (CJEU), established by the Treaty on European Union (TEU), plays a pivotal role in ensuring the uniform interpretation and application of EU law across the Member States. Its dual function, direct proceedings against EU Member States, institutions, and bodies, as well as indirect proceedings through preliminary rulings, enables it to safeguard the rule of law within the EU and contribute significantly to the integration process. Below, we delve into the key competences and functions of the Court of Justice of the European Union.
Role of CJEU
The Court of Justice of the European Union (CJEU) interprets EU law to ensure that it is applied uniformly across all EU countries and ensures that countries and EU institutions adhere to EU law.
Members
- Court of Justice: 1 judge from each EU country, plus 11 advocates general
- General Court: 2 judges from each EU country
- Established: 1952
- Location: Luxembourg
What does the CJEU do?
The CJEU gives rulings on cases brought before it. The most common types of cases include:
- Interpreting the law (preliminary rulings) – National courts in EU countries are responsible for ensuring EU law is applied properly. However, courts in different countries might interpret EU law differently. If a national court is unsure about the interpretation or validity of EU law, it can seek clarification from the CJEU. This mechanism can also determine whether a national law or practice is compatible with EU law.
- Enforcing the law (infringement proceedings) – This type of case occurs when a national government fails to comply with EU law. Such cases can be initiated by the European Commission or another EU country. If the country is found at fault, it must rectify the issue immediately or risk facing a second case, which could result in fines.
- Annulling EU legal acts (actions for annulment) – If an EU act is believed to violate EU treaties or fundamental rights, the Court can be asked to annul it – either by an EU government, the Council of the EU, the European Commission, or (in some cases) the European Parliament. Private individuals can also ask the Court to annul an EU act that directly concerns them.
- Ensuring the EU takes action (actions for failure to act) – The European Parliament, Council, and Commission must take action in certain circumstances. If they fail to act, EU governments, other EU institutions, or (under certain conditions) individuals or companies can complain to the Court.
- Sanctioning EU institutions (actions for damages) – Any person or company that has been harmed by the action or inaction of the EU or its staff can take action against them through the Court.
Composition
The CJEU is divided into 2 courts:
- Court of Justice – Deals with requests for preliminary rulings from national courts, certain actions for annulment, and appeals.
- General Court – Rules on actions for annulment brought by individuals, companies, and in some cases, EU governments. This court mainly handles competition law, State aid, trade, agriculture, trademarks, and more.
Each judge and advocate general are appointed for a renewable 6-year term, jointly by national governments. In each Court, the judges select a President, who serves a renewable term of 3 years.
Court of Justice Procedure
1. Written Stage
The parties submit written statements, and observations may also be provided by national authorities, EU institutions, and sometimes private individuals. The judge-rapporteur summarizes these, and at the Court's general meeting, it decides:
- How many judges will deal with the case: 3, 5, or 15 judges (depending on the importance and complexity of the case). Most cases are dealt with by 5 judges, but it is rare for the whole Court to hear the case.
- Whether an oral hearing and an official opinion from the advocate general are necessary.
2. Oral Stage
A public hearing where lawyers from both sides present their case, and the judges and advocates general can ask questions. If an opinion from the advocate general is necessary, it is issued a few weeks after the hearing. The judges then deliberate and provide their verdict.
3. General Court Procedure
Similar to the Court of Justice, except most cases are heard by 3 judges, and there are no advocates general.
Competences of the Court of Justice of the European Union
The CJEU is empowered to act in various capacities, providing legal clarity and ensuring compliance with EU law. The core competences can be broadly categorized into direct and indirect proceedings:
A. Direct Proceedings
1. Proceedings against Member States for Failure to Fulfil an Obligation (Article 258 and 259 TFEU)
The CJEU has the authority to hear cases brought by the European Commission against Member States that have allegedly failed to fulfil their EU obligations. These cases are critical in upholding the rights and obligations established by EU law.
- Action by the Commission (Article 258 TFEU): The Commission initiates proceedings when it identifies that a Member State has breached EU law. The Member State has the right to provide its observations.[1]
- Action by One Member State Against Another (Article 259 TFEU): A Member State can also bring an action directly against another Member State if the latter has failed to comply with its EU obligations.[2]
The CJEU's role in such cases is to determine whether the Member State has indeed breached EU law. If a breach is confirmed, the state is compelled to rectify the violation. Should the state not comply with the ruling, financial penalties, either a lump sum or periodic penalty payments, may be imposed under Article 260 TFEU[3].
2. Proceedings Against EU Institutions for Annulment and for Failure to Act (Article 263 and 265 TFEU)
Another crucial competence of the CJEU involves handling cases where individuals, Member States, or institutions bring actions against EU bodies, offices, or agencies that have allegedly violated EU law.
- Annulment (Article 263 TFEU): Individuals or legal entities can seek annulment of EU measures (e.g., regulations, directives, decisions) that they believe to be unlawful.[4]
- Failure to Act (Article 265 TFEU): If an EU institution, body, office, or agency fails to act when it is required to do so by EU law, actions can be brought against it.[5]
The CJEU examines whether the contested act or inaction contravenes EU law and has the power to annul the measure or order the institution to take necessary action, under Article 266 TFEU.[6]
3. Other Direct Proceedings
The CJEU also deals with certain specific types of direct proceedings, such as appeals against Commission decisions imposing penalties (Article 261 TFEU)[7] and jurisdictional disputes between Member States and EU institutions. This includes cases brought under Article 263 and 265 TFEU[8] where actions involve the European Parliament, the Council, or the European Central Bank.
B. Indirect Proceedings
Preliminary Rulings (Article 267 TFEU)
A unique feature of the CJEU is its involvement in preliminary rulings. This indirect competence allows national courts to seek guidance from the CJEU on the interpretation or validity of EU law before delivering a judgment. This ensures that EU law is uniformly applied across Member States.[9]
- Role of National Courts: National courts are primarily responsible for the application of EU law. However, when they face questions regarding the interpretation or validity of EU provisions, they may refer the matter to the CJEU.
- Compulsory Referral: For courts of last instance, it is compulsory to seek a preliminary ruling from the CJEU. This system helps harmonize the application of EU law by ensuring that national courts align their rulings with EU legal principles.
In its judgment in Weiss[10], the CJEU emphasized that it may refuse to provide a preliminary ruling if the questions referred are hypothetical, do not relate to the actual facts of the main action, or lack necessary factual or legal material for an effective response.
C. Responsibility at Second Instance
The CJEU also holds jurisdiction to review appeals from decisions of the General Court, focusing on points of law. Appeals are limited in scope and do not have suspensory effects. The CJEU examines the appeal to determine whether it should set aside the General Court’s decision and rule on the case itself or send it back for further consideration.
Achievements of the Court of Justice
The CJEU has emerged as a driving force in European integration, shaping key legal principles that underpin EU law. Through landmark judgments, the Court has established crucial doctrines that ensure the supremacy of EU law and provide legal clarity across the Member States.
A. In General
One of the foundational principles established by the CJEU is the direct applicability of EU law in the Member States' courts. The Court’s judgment in Van Gend & Loos[11] set the precedent that EU law takes precedence over national law, and in Costa v. ENEL[12], it declared that EU law must be applied above national legal provisions.
In Internationale Handelsgesellschaft[13], the Court went further to assert that EU law has primacy even over fundamental rights guaranteed by national constitutions, reinforcing the doctrine that EU law is supreme.
B. In Specific Matters
The CJEU has played a significant role in specific areas such as human rights, free movement of goods, and workers’ rights. Notably, in Nold v. Commission[14], the Court recognized fundamental rights as integral to EU law. In Cassis de Dijon[15], it ruled that products lawfully manufactured in one Member State must be allowed to enter other Member States’ markets.
The Court’s decisions have also influenced the external relations of the EU, as seen in Commission v. Council[16], where it recognized the EU's right to conclude international agreements.
Conclusion
The European Court of Justice serves as the linchpin of EU law, ensuring that it is uniformly interpreted and applied across all Member States. Its dual role in direct and indirect proceedings empowers it to maintain legal consistency and foster integration, making it indispensable to the EU's legal landscape. Through its judgments, the Court not only upholds EU law but also influences significant areas of national law, contributing to the overarching goal of a unified and cohesive European Union.
[1] Article 258 of Treaty on the Functioning of the European Union (TFEU), art. 258.
[2] Id. at art. 259.
[3] Id. at art. 260.
[4] Id. at art. 263.
[5] Id. at art. 265.
[6] Id. at art. 266.
[7] Id. at art. 261.
[8] Id. at art. 263.
[9] Id. at art. 267.
[10] C-493/17.
[11] Case 26-62.
[12] Case 6-64.
[13] Case 11-70.
[14] Case 4-73.
[15] Case 120/78.
[16] Case 22-70.