![]() ![]() These actions enable the Court of Justice to determine whether a Member State has fulfilled its obligations under European Union law. In that way, several important principles of EU law have been laid down by preliminary rulings, sometimes in reply to questions referred by national courts of first instance.Īctions for failure to fulfil obligations Although such a reference can be made only by a national court, all the parties to the proceedings before that court, the Member States and the institutions of the European Union may take part in the proceedings before the Court of Justice. It is thus through references for preliminary rulings that any European citizen can seek clarification of the European Union rules which affect him. The Court's judgment likewise binds other national courts before which the same problem is raised. The national court to which it is addressed is, in deciding the dispute before it, bound by the interpretation given. The Court of Justice's reply is not merely an opinion, but takes the form of a judgment or reasoned order. A reference for a preliminary ruling may also seek the review of the validity of an act of EU law. To ensure the effective and uniform application of European Union legislation and to prevent divergent interpretations, the national courts may, and sometimes must, refer to the Court of Justice and ask it to clarify a point concerning the interpretation of EU law, so that they may ascertain, for example, whether their national legislation complies with that law. ![]() The Court of Justice cooperates with all the courts of the Member States, which are the ordinary courts in matters of European Union law. To enable it properly to fulfil its task, the Court has been given clearly defined jurisdiction, which it exercises on references for preliminary rulings and in various categories of proceedings. ![]() The Presidents of the Chambers of five Judges are elected for three years, and those of the Chambers of three Judges for one year. Other cases are heard by Chambers of three or five Judges. It sits in a Grand Chamber when a Member State or an institution which is a party to the proceedings so requests, and in particularly complex or important cases. The Court sits as a full court in the particular cases prescribed by the Statute of the Court (including proceedings to dismiss the European Ombudsman or a Member of the European Commission who has failed to fulfil his or her obligations) and where the Court considers that a case is of exceptional importance. The Court may sit as a full court, in a Grand Chamber of 15 Judges or in Chambers of three or five Judges. The Registrar is the institution's secretary general and manages its departments under the authority of the President of the Court. They are responsible for presenting, with complete impartiality and independence, an ‘opinion' in the cases assigned to them. The Vice-President assists the President in the exercise of his duties and takes his place when necessary. The President directs the work of the Court and presides at hearings and deliberations of the full Court or the Grand Chamber. The Judges of the Court of Justice elect from amongst themselves a President and a Vice-President for a renewable term of three years. They are chosen from among individuals whose independence is beyond doubt and who possess the qualifications required for appointment, in their respective countries, to the highest judicial offices, or who are of recognised competence. They are appointed for a term of office of six years, which is renewable. The Judges and Advocates General are appointed by common accord of the governments of the Member States after consultation of a panel responsible for giving an opinion on prospective candidates' suitability to perform the duties concerned. The Court of Justice is composed of 27 Judges and 11 Advocates General. Given that the jurisdiction of the Court of Justice in respect of Euratom is, in principle, the same as its jurisdiction in relation to the European Union, and to make the following presentation clearer, any reference to European Union law will also cover the law governing Euratom. The European Atomic Energy Community (Euratom) continues to exist alongside the European Union. In the following presentation, the term ‘Community law' will nevertheless be used where reference is being made to the case-law of the Court of Justice before the entry into force of the Treaty of Lisbon. Community law has therefore become European Union law, which also includes all the provisions previously adopted under the Treaty on European Union as applicable before the Treaty of Lisbon. The Court of Justice in the legal order of the European Unionįollowing the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union now has legal personality and has acquired the competences previously conferred on the European Community.
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