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EU Euro Court of Justice - The Court and the EU...

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The Court – and the EU decisison- making process EU, the European Market and Business Strategy Lecture 02.10.07 Inger-Johanne Sand
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The EU treaties and institutions : European Council - heads of state, ”constitutional” Council of Ministers - government ministers legislative / political (COREPER – member-state permanent representations,) European Commission - 25 commiss. app. by memberst.govt. - 26 directorates-general, - applying EU treaties, initiat.legislation European Parliament - 732 MEPs, direct elections, - legislative, budgets, control, European Court of Justice – 25 judges, app. memb.st. - autonomous court, applying EU treaties
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The constitutionality of the EU : - direct effect of directives, - not only the governments, but also the peoples, - supranationality, - comprehensive legislative competences, - comprehensive administrative apparatus/ powerful Commission with comprehensive adm., execut powers, - admin and judicial decisions sanctionable in member st. - judicial review of directives in relation to treaties, vertically integrated politico-legal systems, no legislative/constitutional ”kompetenz-kompetenz”
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The role of the Commission : - monopoly in preparing and taking initiatives for legislation, - committees, The role of the Council / Parliament : - legislative and other decision-making, The role of the Court : - judges are appointed by member-states, but the Court is fully autonomous, - legal basis: - the EU treaties, - ensuring EU law conformity in the EU and in the member states, - judicial review, - dirctives / treaties,
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The competence of the Court : art.230 flw. – direct actions - cases by EU institutions against member states, (for non-compliance), - or by member states against the EU, - cases by EU citizens against EU institutions (member states) to secure rights by EU legislation, - cases by corporations in the EU against EU institutions or member states concerning EU law, Art.177 / 234 - preliminary rulings, - national courts must consult ECJ concerning the understanding of the EU treaties, legislation,
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Organization : - 25 judges, - 6 yrs., - European, - Palais de Justice, Luxembourg, Court of First instance, (less complicated cases) The Court – chambers, 8 general-advocates, - French, English,
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The Court and the national institutions : - the relative position of the Court in the EU, - the Court´s contribution to the aquis, - the Court and the national courts, - art.234, - the role of law in the EU, - the Court and the national executive and legislative branches, - the role of law in the EU, - the democratic problem of the Court´s position?
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Vital doctrines by the Court : - direct effect, - supremacy, - human rights, - implied powers, - not only discrimination, but also obstacles to trade, - etc.,
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Some vital cases in the history of the Court – parts of the aquis communautaire : - van Gend en Loos, 26/62 - Costa Enel, 6/64, - Statistical Levy, 24/68 - Dassonville, 8/74, - Cassis de Dijon, 120/78 - Torfaen, 145/88, - Keck, 267 and 268/91,
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