The Court of Justice of the European Union (CJEU) is the judicial institution of the European Union. It ensures the uniform interpretation and application of EU law across member states, safeguards the rights of individuals and businesses, and contributes to the development of EU law.
Composition
Court of Justice: The Court of Justice is the highest court in the EU. It consists of one judge from each EU member state, currently 27 judges, and is presided over by the President of the Court of Justice. The judges are appointed by their respective member states for renewable terms of six years.
General Court: The General Court is responsible for hearing direct actions brought by individuals, companies, and some organisations against the EU institutions or member states. It consists of multiple judges, currently 47, appointed by agreement among member states for renewable terms of six years.
Functions and Powers
Ensuring EU law uniformity: The CJEU ensures the uniform interpretation and application of EU law. It clarifies the meaning and scope of EU legislation and ensures its consistent interpretation across member states. This helps avoid different interpretations of EU law and ensures its equal application in all member states.
Preliminary rulings: The CJEU provides preliminary rulings on questions of EU law referred by national courts. National courts can seek guidance from the CJEU when they have doubts about the interpretation or validity of EU law. The CJEU's rulings are binding on national courts and help ensure the consistent application of EU law throughout the EU.
Actions against institutions and member states: The CJEU hears direct actions brought by individuals, companies, and organisations against EU institutions, agencies, and member states. It ensures that the EU institutions act within the limits of their powers and respect individuals' and businesses' rights under EU law.
Judicial review: The CJEU conducts judicial review of the legality of acts adopted by the EU institutions. It ensures that EU legislation and decisions comply with the EU treaties and fundamental rights. If an act is found to be illegal, the CJEU can annul or declare it void.
Annulment actions: Individuals, companies, and member states can bring annulment actions before the CJEU to challenge the legality of EU acts, regulations, directives, and decisions. The CJEU reviews the legality of such acts and can annul them if they are found to be contrary to EU law.
Procedure and Decision-Making
Advocates general: The CJEU includes Advocates General who assist the Court by providing impartial opinions on cases brought before it. They provide independent legal analysis and propose solutions in the form of written opinions.
Panels and chambers: The CJEU operates in panels and chambers to facilitate the efficient handling of cases. These panels or chambers consist of a subset of judges and are responsible for handling specific types of cases or procedural matters.
Decisions: The CJEU's decisions are made collectively by a majority vote of the judges involved in a particular case. These decisions form the binding case law of the EU and guide the interpretation and application of EU law by national courts.
Relationship with national courts: The CJEU maintains a cooperative relationship with national courts. National courts are responsible for applying EU law in their respective countries, and they can refer questions of EU law to the CJEU for a preliminary ruling when necessary. This cooperation ensures the consistent application and interpretation of EU law throughout the EU.
The CJEU plays a crucial role in ensuring the uniform application and interpretation of EU law. It safeguards individuals' and businesses' rights, provides legal guidance to national courts, and contributes to the development of EU law through its decisions and rulings.
You can learn more about this topic with our EU Law notes.
