The Court System of the European Union

1. The Court System ofthe European Union Unit 20

2. I Answer the following questions: • What are the main institutions of the European Union? • What do you know about European law? • What happens if provisions of the national law of a member state are contrary to provisions of EU law?

3. The Court of Justice of the European Union • The Court of Justice of the European Union (CJEU)-the judicial authority of the EU. • established in 1952 (as the European Court of Justice) • located in Luxembourg.

4. The Court ofJusticeofthe EU • Its main role is to ensure that EU law is interpreted and applied in the same way in every EU country and to ensure that member countries and EU institutions abide by EU law. • The CJEU settles legal disputes between national governments and EU institutions. • It can also, in certain circumstances, be used by individuals, companies or organisations to take action against an EU institution, if they feel it has somehow infringed their rightsunder EU law.

5. Organization of the Court • 2 courts: the Court of JusticeandtheGeneral Court. • The Court of Justice deals with requests for preliminary rulings from national courts, and certain actions for annulment and appeals. • The General Court rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. In practice, this means that this court deals mainly with competition law, state aid, trade, agriculture, and trademarks. • The Court of Justice is composed of 28 judges, one judge from each member state, and 11 Advocates General who deliver reasoned opinions on cases to assist the Court in making its decisions. • It may sit as a full court, in a Grand Chamber of 15 judges, or in Chambers of 3or 5judges.

6. Judicialappointments • The judges and Advocates General are appointed by the common accord of the governments of the Member States for a term of office of 6years, which is renewable. • 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.

7. Judicialappointments • The judges of the Court of Justice elect from amongst themselves a President and a Vice-President for a renewable term of 3 years. • The President directs the work of the Court and presides at hearings and deliberations of the full Court or the Grand Chamber. • The Vice-President assists the President in the exercise of his duties and takes his place when necessary.

8. Types of procedure • The most common types of cases the Court deals with are: • 1) references for preliminary rulings, • 2) direct actions, and • 3) appeals.

9. References for preliminary rulings • The Court of Justice cooperates with the national courts of EU member states. • To ensure the effective and uniform application of European Union legislation and to prevent divergent interpretations, the national courts may, and sometimes must, refer a question 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

10. References for preliminaryruling • The Court of Justice's reply is not merely an opinion, but takes the form of a judgment or reasoned order. • The national court to which it is addressed is, in deciding the dispute before it, bound by the interpretation given. • The Court's judgment likewise binds other national courts before which the same problem is raised.

11. Actions for failure to fulfil obligations • enable the Court of Justice to determine whether a Member State has fulfilled its obligations under EU law. • Before bringing the case before the Court, the Commission conducts a preliminary procedure in which the Member State concerned is given the opportunity to reply to the complaints addressed to it.

12. Actions for failure to fulfilobligations • If that procedure does not result in the Member State terminating the failure, an action for infringement of EU law may be brought before the Court of Justice. • The action may be brought by the Commission or by a Member State. • If the Court finds that an obligation has not been fulfilled, the State must bring the failure to an end without delay. • Ifthe Court of Justice finds that the Member State concerned has not complied with its judgment, it may impose on it a fixed or periodic financial penalty.

13. Actions for annulment • By an action for annulment, the applicant seeks the annulment of a measure (e.g. a regulation, directive or decision) adopted by an institution, body, office or agency of the European Union. • The Court of Justice has exclusive jurisdiction over actions brought by a Member State against the European Parliament and/or against the Council or brought by one European Union institution against another. • The General Court has jurisdiction, at first instance, in all other actions of this type and particularly in actions brought by individuals.

14. Actions for failure to act • enable the lawfulness of the failure to act of the institutions, bodies, offices or agencies of the European Union to be reviewed. • such an action may be brought only after the institution concerned has been called on to act. • Where the failure to act is held to be unlawful, it is for the institution concerned to put an end to the failure by appropriate measures. • Jurisdiction to hear actions for failure to act is shared between the Court of Justice and the General Court according to the same criteria as for actions for annulment.

15. Appeals • Appeals on points of law only may be brought before the Court of Justice against judgments and orders of the General Court. • If the appeal is admissible and well founded, the Court of Justice sets aside the judgment of the General Court. • Where the member state to whom the proceedings relate so permits, the Court of Justice may itself decide the case. • Otherwise, it refers the case back to the General Court, which is bound by the decision given by the Court of Justice on the appeal.

16. Proceedings before the Court • Whatever the type of case, there is always a written stage and, if appropriate, an oral stage, which is public. • In all proceedings, once the written stage is closed, the parties may state, within 3weeks, whether and why they wish a hearing to be held. • The Court decides, after reading the proposal of the Judge-Rapporteur (i.e. the judge in charge of a particular case) and hearing the views of the Advocate General, whether any preparatory inquiries are needed, what type of formation the case should be assigned to, and whether a hearing should be held for oral argument, for which the President will fix the date.

17. Proceedingsbeforethe Court • When it has been decided that an oral hearing will be held, the case is argued at a public hearing, before the bench and the Advocate General. • The Judges and the Advocate General may put to the parties any questions they consider appropriate. • Some weeks later, the Advocate General delivers his or her opinion before the Court of Justice, again in open court.

18. Proceedingsbeforethe Court • TheAdvocate Generalanalyses in detail the legal aspects of the case and suggests completely independently to the Court of Justice the response which he or she considers should be given to the problem raised. • This marks the end of the oral stage of the proceedings. • If it is decided that the case raises no new question of law, the Court may decide, after hearing the Advocate General, to give judgment without an opinion.

19. Proceedingsbeforethe Court • Decisions of the Court of Justice are taken by majority and no record is made public of any dissenting opinions. • Judgmentsare pronounced in open court and they are available on the CURIA internet site on the day they are delivered.

20. Proceedingsbeforethe Court • There are no court fees for proceedings before the CJEU. • On the other hand, the Court does not meet the fees and expenses of the lawyer entitled to practice before a court of a Member State by whom the parties must be represented. • However, a party unable to meet all or part of the costs of the proceedings may, without having to instruct a lawyer, apply for legal aid. • The application must be accompanied by all necessary evidence establishing the need for legal aid.

21. Language policy • In direct actions, the language used in the application (which may be one of the 24 official languages of the European Union) will, in principle, be the ‘language of the case’, that is to say the language in which the proceedings will be conducted. • In appeals, the language of the case is that of the judgment or order of the General Court which is under appeal. • With references for preliminary rulings, the language of the case is that of the national court which made the reference to the Court of Justice. • Oral proceedings at hearings are interpreted simultaneously, as required, into various official languages of the European Union. The judges deliberate, without interpreters, in a common language which, traditionally, is French.

22. II Read the text and answer the following questions • What is the main task of the Court of Justice of the European Union? • What does it consist of? • What happens if a national court is in doubt about the interpretation of an EU law? • How many judges are there in the Court of Justice? • What is the role of Advocates General? • Who elects the President of the Court of Justice? • Are there court fees for proceedings before the CJEU? • Which languages are used in the CJEU?

23. Provide thetermsmatchingthefollowingdefinitions: • Tending to be different or develop in different directions: • Divergent • find (something) out for certain; make sure of: • Ascertain • to act according to an order, set of rules, or request: • Comply (with) • a statement that something is unsatisfactory or unacceptable: • complaint

24. Provide thetermsmatchingthefollowingdefinitions: • to officially announce that something such as a law, agreement, or marriage no longer exists: • Annulment • the official power to make legal decisions and judgements • Jurisdiction • apply to a higher court for a reversal of the decision of a lower court. • appeal

25. Provide thetermsmatchingthefollowingdefinitions: • allowed or permitted by law; not contrary to law: • Lawful • to make something stop happening or existing: • Put anend to • acceptable or valid, especially as evidence in a court of law: • Admissible

26. Provide thetermsmatchingthefollowingdefinitions: • to state that a legaldecisionor a judgmentis no longer in effect • To set aside • Thejudgeinchargeof a particularcase • Judge-Rapporteur • a group of judges as a collective whole • bench

27. Provide thetermsmatchingthefollowingdefinitions: • a senior officer of the law; a neutral legal advisor to the courts. • Advocate General • hold or express opinions that are at variance with those commonly or officially held. • Dissent • action taken in a court to settle a dispute; a lawsuit; all or some part of a cause heard and determined by a court, an Administrative Agency, or other judicial authority • proceedings

28. Provide thetermsmatchingthefollowingdefinitions: • to employ someone to represent you in a legal situation, especially as a lawyer. • Instruct • a formal request to be considered for a position or to be allowed to do or have something, submitted to an authority, institution, or organization. • application

29. Provide synonymoustermsorcollocations for: • Respect • Abideby • Violate • Infringe • Sue • Take action • Nominate • appoint

30. Provide synonymoustermsorcollocations for: • Longandcarefuldiscussion • Deliberation • Trial • Hearing • Help • Assist • Explain • clarify

31. Provide synonymoustermsorcollocations for: • Answer • Reply • Lodge • Bring a case • Carryout • Conduct • Put anend to • terminate

32. Provide synonymoustermsorcollocations for: • Violation • Infringement • punishment • Penalty • Entrust • Assign to • Pay • Coverthecosts

33. III Complete the following statements: • The Court of Justice of the European Unionconstitutes _______________ authorityof the European Union. • Its main role is to ensure that EU law is __________________________ in the same way in every EU country • The CJEU settles legal disputes between ____________________ and EU institutions. • If a national court is in doubt about _____________________________ of an EU law, it can ask the Court for clarification. • If an EU act is believed to violate EU treaties or fundamental rights, the Court can be asked to ___________________ it.

34. IV Match the verbs in the left column with the nouns in the right column:

35. V Decide whether the following statements are true (T) or false (F). If false, provide the correct information:

36. VI Read the paragraph about references for preliminary rulings and complete the text with:national, uniform, divergent, given, reasoned, preliminary • To ensure the effective and ___________ application of European Union legislation and to prevent ______________ 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 ______________ legislation complies with that law. A reference for a ______________ ruling may also seek the review of the validity of an act of EU law. The Court of Justice's reply is not merely an opinion, but takes the form of a judgment or _______________ order. The national court to which it is addressed is, in deciding the dispute before it, bound by the interpretation _____________.

37. VII. Read the paragraph about actions for failure to fulfil obligations, match the collocations and translate them into Croatian:

38. VIII Complete the table with the related forms of the words from the paragraph about actions for annulment:

39. IX Read the paragraph about actions for failure to act and complete the missing words: • Actions for failure to act enable the _______________ of the failure of the institutions, bodies, offices or agencies of the European Union to act to be reviewed. However, such an action may be brought only after the institution concerned has been called on _____________. Where the failure to act is held to be _______________, it is for the institution concerned to put an end to the failure by appropriate measures. Jurisdiction to hear actions for failure to act is shared between the ______________ and the ___________________ according to the same criteria as for actions for annulment.

40. Translate the paragraph about appeals into Croatian: • Appeals on points of law only may be brought before the Court of Justice against judgments and orders of the General Court. If the appeal is admissible and well founded, the Court of Justice sets aside the judgment of the General Court. Where the member state to whom the proceedings relate, the Court of Justice may itself decide the case. Otherwise, it refers the case back to the General Court, which is bound by the decision given by the Court of Justice on the appeal.

41. I Answerthefollowingquestions: • 1. What are theofficiallanguagesofthe Court ofJustice? • 2. What are theworkinglanguagesofthe Court?

42. FromConsolidatedversionoftheRulesof Procedure ofthe Court ofJusticeof 25 September 2012 • Chapter 8 LANGUAGESArticle 36 Languageof a caseThelanguageof a caseshallbeBulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, SpanishorSwedish.

43. Article 37 Determinationofthelanguageof a case • 1. In directactions, thelanguageof a caseshallbechosenbytheapplicant, exceptthat: • (a) wherethedefendantis a Member State, thelanguageofthecaseshallbetheofficiallanguageofthat State; wherethat State has more than one officiallanguage, theapplicantmaychoosebetweenthem; • (b) at thejointrequestoftheparties, the use ofanotherofthelanguagesmentionedinArticle 36 for allorpartoftheproceedingsmaybeauthorised;

44. Article 37 Determinationofthelanguageof a case • (c) at therequestof one oftheparties, andaftertheopposite party andtheAdvocate General havebeenheard, the use ofanotherofthelanguagesmentionedinArticle 36 maybeauthorised as thelanguageofthecase for allorpartoftheproceedingsbywayofderogationfromsubparagraphs (a) and (b); such a requestmaynotbesubmittedby one oftheinstitutionsofthe European Union.

45. Article 37 Determinationofthelanguageof a case • 2. Withoutprejudice to theprovisionsofparagraph 1(b) and (c), andofArticle 38(4) and (5) oftheseRules, • (a) inappealsagainstdecisionsofthe General Court as referred to inArticles 56 and 57 ofthe Statute, thelanguageofthecaseshallbethelanguageofthedecisionofthe General Court againstwhichtheappealisbrought; • (b) where, inaccordancewiththesecondparagraphofArticle 62 ofthe Statute, the Court decides to review a decisionofthe General Court, thelanguageofthecaseshallbethelanguageofthedecisionofthe General Court whichisthesubjectofreview; (…)

46. Article 37 Determinationofthelanguageof a case • 3. In preliminaryrulingproceedings, thelanguageofthecaseshallbethelanguageofthereferringcourtor tribunal. At thedulysubstantiatedrequestof one oftheparties to themainproceedings, andaftertheother party to themainproceedingsandtheAdvocate General havebeenheard, the use ofanotherofthelanguagesmentionedinArticle 36 maybeauthorised for theoralpartofthe procedure. (…) • 4. Requests as abovemaybedecided on bythePresident; thelattermay, andwhere he wishes to accede to a requestwithouttheagreementofalltheparties must, refertherequest to the Court.

47. Article 38 Use ofthelanguageofthecase • 1.The languageofthecaseshallinparticularbeusedinthewrittenandoralpleadingsoftheparties, includingtheitemsanddocumentsproducedorannexed to them, andalsointheminutesanddecisionsofthe Court. • 2.Any itemordocumentproducedorannexedthatisexpressedinanotherlanguage must beaccompaniedby a translationintothelanguageofthecase.

48. Article 38 Use ofthelanguageofthecase • 3.However, inthecaseofsubstantialitemsorlengthydocuments, translationsmaybeconfined to extracts. At any time the Court may, ofitsownmotionor at therequestof one oftheparties, call for a completeorfullertranslation. • 4.Notwithstanding theforegoingprovisions, a Member State shallbeentitled to use itsofficiallanguagewhentakingpartinpreliminaryrulingproceedings, wheninterveningin a casebeforethe Court orwhenbringing a matterbeforethe Court pursuant to Article 259 TFEU. Thisprovisionshallapplyboth to writtendocumentsand to oralstatements. TheRegistrarshallarrangeineach instance for translationintothelanguageofthecase. (…)

49. Article 38 Use ofthelanguageofthecase • 7.Where a witnessorexpertstatesthat he isunableadequately to expresshimselfin one ofthelanguagesreferred to inArticle 36, the Court mayauthorisehim to givehisevidenceinanotherlanguage. TheRegistrarshallarrange for translationintothelanguageofthecase. • 8.The Presidentandthe Vice-Presidentofthe Court andalsothePresidentsofChambersinconductingoralproceedings, JudgesandAdvocates General inputtingquestionsandAdvocates General indeliveringtheirOpinions,may use one ofthelanguagesreferred to inArticle 36 otherthanthelanguageofthecase. TheRegistrarshallarrange for translationintothelanguageofthecase.

50. Article 39 ResponsibilityoftheRegistrarconcerninglanguagearrangements • TheRegistrarshall, at therequestofanyJudge, oftheAdvocate General orof a party, arrange for anythingsaidorwritteninthecourseoftheproceedingsbeforethe Court to betranslatedintothelanguageschosenfromthosereferred to inArticle 36.