You don’t have to take your case only to our Czech courts. What exactly does the Court of Justice do, what is its history and structure? Find out in this article.
You don’t have to take your case only to our Czech courts. What exactly does the Court of Justice do, what is its history and structure? Find out in this article.
The Court of Justice was established in 1952 by the European Coal and Steel Community (ECSC) Treaty, originally created as a judicial body to ensure legal supervision of compliance with the Treaty and to rule on disputes between Member States and the institutions of the European Coal and Steel Community.
With the 1957 Treaties of Rome, which established the European Economic Community (EEC) and Euratom, the Court’s powers were extended. The Court acquired jurisdiction to rule on disputes within these newly created Communities and over compliance with their laws.
Want to sue and not sure if you'll win?
We will assess your chances of success in court and propose a solution that will lead to the desired outcome.
In 1989, the General Court (Court of First Instance) was set up to relieve the Court of Justice and decide more quickly on certain types of cases, in particular applications brought by individuals and companies (firms) in the fields of competition and public administration.
In 2004, the Civil Service Tribunal was created to deal with disputes between the EU institutions and their staff and to relieve the burden on the General Court. However, this court existed only until 2016, when it was abolished and its powers were transferred back to the General Court. However, the number of judges has been increased from the original 28 (one judge per state) to the current 54 (2 judges per state).
The Court of Justice of the European Union (CJEU) is the main judicial institution of the European Union and therefore has quite extensive functions. Its main objective is to ensure a uniform interpretation of the law in all Member States. It is also responsible for settling disputes. In practice, it is mainly concerned with:
Interpretation of law is its primary function. The national courts are primarily responsible for applying EU law. Therefore, it can happen that courts in two different countries interpret EU law differently, which should not be the case. The CJEU therefore provides interpretations through preliminary rulings.
The way this works is that national courts in member states ask the CJEU to interpret certain provisions of EU law where they are unsure of their meaning or application. The CJEU’s interpretation is then binding on all national courts.
Tip: the Czech Republic has a complicated court system and people often have no idea where to turn. In our article, we will set the record straight.
The Court of Justice also plays a key role in enforcing EU law, in particular through infringement actions. This action can be brought by the European Commission or by a Member State against another Member State that fails to fulfil its obligations under EU law. If the Court finds that a Member State has infringed EU law, it will order the State to take remedial action. If the state fails to take action, the Court can impose a fine.
If a Member State, EU institution or, in certain cases, an individual believes that EU law is in breach of EU treaties or human rights, they can bring an action for annulment. An action for annulment then gives the Court of Justice the power to annul the EU law.
The Court of Justice rules on actions for failure to act against the EU institutions. These can be brought by a Member State, another EU institution or, in certain cases, by a natural or legal person. An action can be brought if an EU institution fails to comply with its obligations under EU law. This means, for example, if it has a duty to take a decision but fails to do so.
The Court of Justice also rules on actions for damages. These can be brought by a natural or legal person if they have suffered damage caused by unlawful acts or omissions by EU institutions.
Tip: You can claim compensation in a number of situations. Read on to find out what the principles are.
The Court of Justice of the European Union comprises two main judicial bodies – the Court of Justice and the General Court:
The Court of Justice is the supreme judicial organ of the European Union.
Tip: Read how to become a judge in the Czech Republic, how much they earn and how they are appointed.
The General Court was set up in 1989 to lighten the load of the Court of Justice and speed up the judicial process.
Functions:
Its decisions can be appealed to the Court of Justice by way of a cassation appeal within two months.
One of the most important functions of the Court of Justice of the European Union is to make case law. European law is not based on precedents. Therefore, the Court does not create binding sources of law through its decisions, but its rulings play an important role nonetheless.
Indeed, in practice, the CJEU often bases its decisions on past decisions and therefore the Court’s case law plays an important, if somewhat anecdotal, role. Let us look at two judgments that have significantly shaped EU law:
The Dutch government increased the tariff on imports of certain chemicals. This was opposed by Van Gend en Loos, which argued that the tariff increase was contrary to the Treaties establishing the European Economic Community (today’s EU).
The Court of Justice ruled that the EEC Treaties have direct effect, which means that EU law can be applied directly within the legal systems of member states without the need for national measures.
This decision thus reinforced the principle of direct effect of law, the integration of the EU single market and laid the foundations for the future development of European law and its application within all EU Member States.
Tip: European Union law can be a rather controversial topic. It touches all sorts of parts of our lives and affects many areas of our national law. How much power does the EU have and on what principles does EU law work? Find out in our article.
The Italian Parliament passed a law granting ENEL the exclusive right to produce, distribute and sell electricity. This law de facto restricted competition in the energy sector and favoured a state monopoly. Italian citizen Giovanni Costa objected, refusing to pay his electricity bill and claiming that the law was contrary to EU law.
The Court of Justice confirmed that EU law takes precedence over national law of the Member States – meaning that if a national law conflicts with EU law, it should be considered invalid – and ruled that Member States cannot unilaterally change their national laws to conflict with EU law.
This decision thus confirmed the principle of the primacy of EU law over national law and reinforced the principle of direct effect of EU law. In addition, it has allowed individuals such as Giovanni Costa to go to national courts and invoke rights that derive directly from EU law.
The Court of Justice was established in 1952 under the European Coal and Steel Community Treatyand has gradually expanded its powers. Today it is the EU’s main judicial institution, with the function of ensuring uniform interpretation of the law and settling disputes between Member States, EU institutions and individuals.
The Court of Justice has two main arms: the Court of Justice and the General Court. The Court of Justice deals with interpreting the law, enforcing the law, repealing legislation, sanctioning the EU institutions and ensuring their functioning. The General Court, set up in 1989, deals mainly with cases involving individuals and businesses.
Case law is an important part of the Court’s work, with key decisions such as Van Gend en Loos (1963) and Costa v Enel (1964) having a significant impact on the application of EU law .
Need help with filing a lawsuit or representing yourself in court? Whether the litigation is just beginning or the case is well underway, we can help you with everything. We will conduct a thorough analysis, assess your realistic chances and suggest a course of action. All this within 48 hours of ordering our services.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
