Unit 27 Court of Justice of the European Union –CJEU Consult the page .

Unit 27Unit 27

Court of Justice of Court of Justice of the European Union the European Union

–CJEU –CJEU

Consult the page http://europa.eu/about-eu/institutions-bodies/index_en.htm

Connect the English and Crotian names of institutions.Connect the English and Crotian names of institutions.

The European ParliamentThe European ParliamentThe European Council The European Council The European CommissionThe European CommissionThe Council of the European Union (Council of Ministers)The Council of the European Union (Council of Ministers)The Court of Justice of the European Union The Court of Justice of the European Union

Europska komisijaEuropska komisijaSud pravde Europske unije Sud pravde Europske unije

Europski parlamentEuropski parlamentEuropsko vijećeEuropsko vijeće

Vijeće Europske unije / Vijeće ministaraVijeće Europske unije / Vijeće ministara

The main EU institutionsThe main EU institutions

Other EU Other EU institutionsinstitutionsConnect the English and Crotian names of institutions.Connect the English and Crotian names of institutions.

The European Court of AuditorsThe European Court of AuditorsThe Economic and Social CommitteThe Economic and Social CommitteThe Committee of the RegionsThe Committee of the RegionsEuropean Central BankEuropean Central BankThe European Investment Bank The European Investment Bank European OmbudsmanEuropean Ombudsman

Odbor regijaOdbor regijaGospodarski i socijalni odborGospodarski i socijalni odbor

Europska središnja banka Europska središnja banka Europska investicijska bankaEuropska investicijska bankaEuropski pučki pravobraniteljEuropski pučki pravobranitelj

Europski revizijski sudEuropski revizijski sud

The Council of the EU / the Council The Council of the EU / the Council of Ministersof Ministers

- composed of ministers from member states, composed of ministers from member states, from the relevant government department from the relevant government department

- Presidency which rotates every 6 months, Presidency which rotates every 6 months, - Committee of Permanent Representatives Committee of Permanent Representatives

(COREPER), (COREPER), ambassadors of each member state in Brussels, ambassadors of each member state in Brussels, prepare the meetings of the Council, keep the ministers informed of any prepare the meetings of the Council, keep the ministers informed of any political problems, political problems,

- IMPORTANT LEGISLATIVE FUNCTION IMPORTANT LEGISLATIVE FUNCTION (shared with the Parliament) – (shared with the Parliament) – changes after the Lisabon changes after the Lisabon treaty (which came into force December 2009)treaty (which came into force December 2009)

The European ParliamentThe European Parliament

The main function – LEGISLATION, however sharesThe main function – LEGISLATION, however sharesthe legislative function with the Council of the EU the legislative function with the Council of the EU

(codecision)(codecision)- elected by universal suffrage since 1979elected by universal suffrage since 1979

Budgetary power – approves the budget of the EU and Budgetary power – approves the budget of the EU and proposes amendmentsproposes amendments

Can cause the Commission to resign, checks the Can cause the Commission to resign, checks the credentials of proposed candidates for positions credentials of proposed candidates for positions within the Commissionwithin the Commission

The legislative power of the The legislative power of the European ParliamentEuropean Parliament increases, increases, as the as the codecision procedurecodecision procedure with the with the Council of the EU is extended to new areas of Council of the EU is extended to new areas of policy. This procedure is slightly modified and policy. This procedure is slightly modified and

renamed renamed

OOrdinary legislativerdinary legislative procedureprocedure..

Sources of the EU law

primary legislation

THE TREATIES

secondaryLegislation

-REGULATIONS-DIRECTIVES-DECISIONS-RECOMMENDATIONS-OPINIONS

CHAPTER 2 from the Lisabon ThreatyLEGAL ACTS OF THE UNION, ADOPTION PROCEDURES AND OTHER PROVISIONS SECTION 1 THE LEGAL ACTS OF THE UNION

Primary legislationPrimary legislation

The The Treaty of LisbonTreaty of Lisbon or tor the Lisbon Treaty he Lisbon Treaty (initially known (initially known as the as the Reform TreatyReform Treaty) )

- - signedsigned by the by the EU member states EU member states on 13 December 2007, on 13 December 2007, - entered into force entered into force on 1 December 2009on 1 December 2009

Full title: Full title: Treaty on European Union and the Treaty on the Treaty on European Union and the Treaty on the Functioning of the European Union Functioning of the European Union

Regulations = uredbe

- defined by Article 288 TFEU (ex. Article 288 TFEU (ex. Art. 249 EC) - the most powerful form of secondary legislation- directly applicable in the legal order of the

Member States without the need for incorporation into national legislation (implementation by the member states parliaments)

- binding in their entirety

The ECJ has stated in Commission v Italy (Case 39/72) that subjecting regulations to domestic implementation would endanger the uniform application of EC law.

Directives = direktive - defined by Article 288 TFEU (ex. Article 288 TFEU (ex. Art. 249 EC)- binding as to their effect, but the national

authorities of a member state can choose the instruments of implementation

- normally there is a defined date / period for implementation

- the implementation has often been an issue for the ECJ: a) incorrect implementation

b) failure to implement a directive all

together

Decisions = odluke

- addressed only to a specific member state, undertaking or individual

- binding in their entirety only on those to whom they are addressed

- often directed to companies which have acted contrary to the provisions of the EC treaty (e.g. the area of competition law)

- Art. 288

A decision shall be binding in its entirety. A decision A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be which specifies those to whom it is addressed shall be binding only on them. binding only on them.

Recommendations and opinions = preporuke i mišljenja

- not legally binding for the parties to whom they are addressed

- considered to have considerable influence, because the ECJ has stated that national courts must consider them when interpreting EC law

- Art. 288

Recommendations and opinions shall have no binding Recommendations and opinions shall have no binding force. force.

Article 288 TFEU Article 288 TFEU (ex. (ex. Article 249Article 249 EC Treaty) EC Treaty)

In order to carry out their task and in accordance with the In order to carry out their task and in accordance with the provisions of this Treaty, the European Parliament acting provisions of this Treaty, the European Parliament acting jointly with the Council, the Council and the Commission shall jointly with the Council, the Council and the Commission shall make regulations and issue directives, take decisions, make make regulations and issue directives, take decisions, make recommendations or deliver opinions.recommendations or deliver opinions.

A regulation shall A regulation shall have general application. It shall be binding in have general application. It shall be binding in its entirety and directly applicable in all Member States.its entirety and directly applicable in all Member States.

A directive shall A directive shall be binding, as to the result to be achieved, upon be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.the national authorities the choice of form and methods.

A decision shall A decision shall be binding in its entirety upon those to whom it be binding in its entirety upon those to whom it is addressed.is addressed.

Recommendations and opinions shall Recommendations and opinions shall have no binding force. have no binding force.

The European CommissionThe European Commission

- - often described as the often described as the Executive of the EUExecutive of the EU - consists of consists of 28 Commissioners28 Commissioners (one from each (one from each

Member State, appointed by their national governments, Member State, appointed by their national governments, however, they dont represent their states, but work however, they dont represent their states, but work under a under a principle of collective responsibilityprinciple of collective responsibility))

- initiates laws initiates laws - the the President of the CommissionPresident of the Commission is chosen by is chosen by

the Heads of State of all of the member states and the Heads of State of all of the member states and must be approved by the Parliamentmust be approved by the Parliament

- has has a huge staffa huge staff (15.000 civil servents), (15.000 civil servents), different departments, different areas of policydifferent departments, different areas of policy: : e.g. e.g. environment, single market, etc.environment, single market, etc.

The European Council The European Council ≠ ≠ the Council of the EUthe Council of the EU

the Council of Europe!!!!!! the Council of Europe!!!!!!

The European Council The European Council ≠ ≠ the Council of the EUthe Council of the EU

the Council of Europe!!!!!! the Council of Europe!!!!!!

- consists of heads of state who have been meeting twice consists of heads of state who have been meeting twice a year (at the end of every presidency meeting) under a year (at the end of every presidency meeting) under the name, the European Council, since 1974the name, the European Council, since 1974

- they discuss informally EU policythey discuss informally EU policy- can give a new impetus, when there is a deadlock at the can give a new impetus, when there is a deadlock at the

level of the Council of the EUlevel of the Council of the EU- the post of the President of the European Council after the post of the President of the European Council after

the LISABON treaty the LISABON treaty

a) chairs the summit meetingsa) chairs the summit meetings

b) represents the EU in external affairsb) represents the EU in external affairs

The Court of Justice of the The Court of Justice of the European UnionEuropean Union

The Court of Justice of the EUThe Court of Justice of the EU

- the judicial branch of the EUthe judicial branch of the EU

- ensuresensures that treaties as well as laws and decisions that treaties as well as laws and decisions made thereunder are made thereunder are applied within the Institutions applied within the Institutions and in the Member Statesand in the Member States

- made up of 28 Judges and 8 Advocates General made up of 28 Judges and 8 Advocates General (hold office for a renewable term of 6 years)(hold office for a renewable term of 6 years)

Have a look at:Have a look at:http://europa.eu/about-eu/institutions-bodies/court-justice/index_en.htmhttp://europa.eu/about-eu/institutions-bodies/court-justice/index_en.htm

The tasks of the CJEUThe tasks of the CJEU- to ensure the integration of the EU law into the legal to ensure the integration of the EU law into the legal

systems of the Member statessystems of the Member states

- to take part in to take part in developing EU lawdeveloping EU law- to to decide about issues concerning the division of decide about issues concerning the division of

power between the States and the EUpower between the States and the EU, , - to decide in to decide in cases between EU institutions and cases between EU institutions and

Member States Member States - to decide on a wide ragne of to decide on a wide ragne of issues between issues between

parties which have been referred from a national parties which have been referred from a national court = court = reference for a preliminary rulingreference for a preliminary ruling

TYPES OF CASESTYPES OF CASES

FIVEFIVE most common types of cases are: most common types of cases are:

requests for a preliminary ruling – when national courts – when national courts ask the Court of Justice to interpret a point of EU lawask the Court of Justice to interpret a point of EU law

actions for failure to fulfil an obligation – brought against – brought against EU governments for not applying EU lawEU governments for not applying EU law

actions for annulment – against EU laws thought to – against EU laws thought to violate the EU treaties or fundamental rightsviolate the EU treaties or fundamental rights

actions for failure to act – against EU institutions for – against EU institutions for failing to make decisions required of themfailing to make decisions required of them

direct actions – brought by individuals, companies or – brought by individuals, companies or organisations against EU decisions or actionsorganisations against EU decisions or actions

References for preliminary rulingsReferences for preliminary rulings

The Court of Justice cooperates with all the courts The Court of Justice cooperates with all the courts of the Member Statesof the Member States

tto ensure the o ensure the effective and uniform application of effective and uniform application of EU EU legislationlegislation and and

to to prevent divergent interpretationsprevent divergent interpretations, the national , the national courts may, and sometimes must, refer to the Court courts may, and sometimes must, refer to the Court of Justice and ask it to clarify a point concerning the of Justice and ask it to clarify a point concerning the interpretation of interpretation of EU EU lawlaw

so that they may ascertainso that they may ascertain whether their national whether their national legislation complies with that law. legislation complies with that law.

The Court of Justice’s reply is not merely an The Court of Justice’s reply is not merely an opinion, but opinion, but takes the form of a judgment or takes the form of a judgment or reasoned orderreasoned order. . The national courtThe national court to which it is to which it is addressed is, in deciding addressed is, in deciding the dispute before it, the dispute before it, bound by the interpretation givenbound by the interpretation given. .

The Court of Justice’s judgment likewise The Court of Justice’s judgment likewise binds binds other national courts before which the same other national courts before which the same problem is raisedproblem is raised..

It is It is through references for preliminary rulingsthrough references for preliminary rulings** that that any any European citizen can seek clarification of the European citizen can seek clarification of the Community rules which affect himCommunity rules which affect him. .

SSuch a reference can be made only by a national courtuch a reference can be made only by a national court..

* = zahtjev za prethodnu odluku / mišljenje* = zahtjev za prethodnu odluku / mišljenje

General Court General Court EU Civil Service TribunalEU Civil Service Tribunal

MAIN ROLE: MAIN ROLE: To help the Court of Justice cope with the To help the Court of Justice cope with the large number of cases brought before it, and to offer large number of cases brought before it, and to offer citizens better legal protectioncitizens better legal protection

General court General court - - deals with deals with casescases brought forward brought forward by by private individuals, companies and some private individuals, companies and some organisationsorganisations, and cases relating to competition law., and cases relating to competition law.

EU Civil Service Tribunal EU Civil Service Tribunal - - rules on rules on disputes between disputes between the the European Union and its staff.European Union and its staff.

The European Court of AuditorsThe European Court of Auditors

- set up inset up in 1975, based in Luxembourg 1975, based in Luxembourg

- itit audits audits the the revenue and expenditure of revenue and expenditure of the European Unionthe European Union. .

- aims toaims to contribute to improving contribute to improving the the financial management of European Union financial management of European Union fundsfunds, to ensure maximum value for , to ensure maximum value for money for all citizens of the Union.money for all citizens of the Union.