Unit 27 Court of Justice of the European Union –CJEU

1. Unit 27Court ofJusticeoftheEuropean Union –CJEU Consultthepagehttp://europa.eu/about-eu/institutions-bodies/index_en.htm

2. Themain EU institutions Connect theEnglishandCrotiannamesofinstitutions. TheEuropeanParliament TheEuropeanCouncil TheEuropeanCommission TheCounciloftheEuropean Union (CouncilofMinisters) The Court ofJusticeoftheEuropean Union Europska komisija Sud pravde Europske unije Europski parlament Europsko vijeće Vijeće Europske unije / Vijeće ministara

3. Other EU institutions Connect theEnglishandCrotiannamesofinstitutions. TheEuropean Court ofAuditors TheEconomicandSocialCommitte TheCommitteeofthe Regions European Central Bank TheEuropeanInvestment Bank EuropeanOmbudsman Odbor regija Gospodarski i socijalni odbor Europska središnja banka Europska investicijska banka Europski pučki pravobranitelj Europski revizijski sud

4. TheCouncilofthe EU / theCouncilofMinisters • composed of ministers from member states, from the relevant government department • Presidency which rotates every 6 months, • Committee of Permanent Representatives (COREPER), ambassadors of each member state in Brussels, prepare the meetings of the Council, keep the ministers informed of any political problems, • IMPORTANT LEGISLATIVE FUNCTION (shared with the Parliament) – changes after the Lisabon treaty (which came into force December 2009)

5. TheEuropeanParliament Themainfunction – LEGISLATION, howevershares the legislative functionwiththeCouncilofthe EU (codecision) • electedbyuniversalsuffragesince 1979 Budgetary power – approvesthebudgetofthe EU andproposesamendments CancausetheCommission to resign, checksthecredentialsofproposedcandidates for positionswithintheCommission

6. The legislative power of the EuropeanParliamentincreases, as the codecision procedurewith the Council of the EU is extended to new areas of policy. This procedure is slightly modified and renamed Ordinary legislativeprocedure.

7. Sources of the EU law • secondary • Legislation • REGULATIONS • DIRECTIVES • DECISIONS • RECOMMENDATIONS • OPINIONS • CHAPTER 2 from the Lisabon Threaty • LEGAL ACTS OF THE UNION, ADOPTION • PROCEDURES AND OTHER PROVISIONS • SECTION 1 • THE LEGAL ACTS OF THE UNION primary legislation THE TREATIES

8. Primarylegislation The Treaty of Lisbonor the Lisbon Treaty (initially known as the Reform Treaty) - signed by the EU memberstateson 13 December 2007, • entered into force on 1 December 2009 Full title: Treaty on European Union andtheTreaty on theFunctioningoftheEuropean Union

9. Regulations = uredbe • definedbyArticle 288 TFEU (ex. Art. 249 EC) • the most powerfulformofsecondarylegislation • directlyapplicableinthe legal orderoftheMemberStateswithouttheneed for incorporationinto national legislation (implementationbythememberstatesparliaments) • bindingintheirentirety The ECJ hasstatedinCommission v Italy (Case 39/72) thatsubjectingregulations to domesticimplementationwouldendangertheuniformapplicationof EC law.

10. Directives = direktive • defined by Article 288 TFEU (ex. Art. 249 EC) • binding as to their effect, but the national authoritiesof a member state can choose the instruments of implementation • normallythere is a defined date / period for implementation • theimplementationhasoftenbeenanissue for the ECJ: a) incorrectimplementation b) failure to implement a directive all together

11. Decisions = odluke • addressedonly to a specificmember state, undertaking or individual • bindingintheirentiretyonly on those to whomthey are addressed • oftendirected to companieswhichhaveactedcontrarytotheprovisionsofthe EC treaty (e.g. theareaofcompetitionlaw) • Art. 288 A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.

12. Recommendations and opinions = preporuke i mišljenja • notlegallybinding for theparties to whomthey are addressed • considered to haveconsiderable influence, becausethe ECJ hasstatedthat national courts must considerthemwheninterpreting EC law • Art. 288 Recommendations and opinions shall have no binding force.

13. Article 288 TFEU (ex. Article 249 EC Treaty) In order to carry out their task and in accordance with the provisions of this Treaty, the European Parliament acting jointly with the Council, the Council and the Commission shall make regulations and issue directives, take decisions, make recommendations or deliver opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision shall be binding in its entirety upon those to whom it is addressed. Recommendations and opinions shall have no binding force.

14. The European Commission - oftendescribed as theExecutiveofthe EU • consistsof28 Commissioners(one fromeachMember State, appointedbytheir national governments, however, theydontrepresenttheirstates, but work under a principleofcollectiveresponsibility) • initiateslaws • thePresidentoftheCommissionis chosenbythe Heads of State of all ofthememberstatesand must beapprovedbytheParliament • hasa huge staff (15.000 civil servents), differentdepartments, differentareasofpolicy: e.g. environment, singlemarket, etc.

15. TheEuropeanCouncil≠ theCouncilofthe EUtheCouncilof Europe!!!!!! • consists of heads of state who have been meeting twice a year (at the end of every presidency meeting) under the name, the European Council, since 1974 • they discuss informally EU policy • can give a new impetus, when there is a deadlock at the level of the Council of the EU • the post of the President of the European Council after the LISABON treaty a) chairs the summit meetings b) represents the EU in external affairs

16. The Court ofJusticeoftheEuropean Union

17. The Court ofJusticeofthe EU • thejudicialbranchofthe EU • ensuresthattreaties as wellaslawsanddecisionsmadethereunder are applied withintheInstitutionsandintheMemberStates • madeupof 28 Judgesand 8 Advocates General (hold office for a renewabletermof 6 years) Have a look at: http://europa.eu/about-eu/institutions-bodies/court-justice/index_en.htm

18. Thetasksofthe CJEU • to ensuretheintegrationofthe EU lawintothe legal systems oftheMemberstates • to takepartindeveloping EU law • to decideaboutissuesconcerningthedivisionof power betweentheStatesandthe EU, • to decideincasesbetween EU institutionsandMemberStates • to decide on a wide ragneofissuesbetweenpartieswhichhavebeenreferredfrom a national court = reference for a preliminaryruling

19. TYPES OF CASES FIVE most common types of cases are: • requests for a preliminary ruling – when national courts ask the Court of Justice to interpret a point of EU law • actions for failure to fulfil an obligation – brought against EU governments for not applying EU law • actions for annulment – against EU laws thought to violate the EU treaties or fundamental rights • actions for failure to act – against EU institutions for failing to make decisions required of them • direct actions – brought by individuals, companies or organisations against EU decisions or actions

20. References for preliminary rulings • The Court of Justice cooperates with all the courts of the Member States • to ensure the effective and uniform application of EU 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 ascertainwhether their national legislation complies with that law.

21. 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 of Justice’s judgment likewise binds other national courts before which the same problem is raised. • It is through references for preliminary rulings* that any European citizen can seek clarification of the Community rules which affect him. Such a reference can be made only by a national court. * = zahtjev za prethodnu odluku / mišljenje

22. General Court EU Civil Service Tribunal MAIN ROLE: To help the Court of Justice cope with the large number of cases brought before it, and to offer citizens better legal protection General court - deals with cases brought forward by private individuals, companies and some organisations, and cases relating to competition law. EU Civil Service Tribunal - rules on disputes between the European Union and its staff.

23. TheEuropean Court ofAuditors • set upin 1975, basedin Luxembourg • it audits the revenue and expenditure of the European Union. • aims to contribute to improving the financial management of European Union funds, to ensure maximum value for money for all citizens of the Union.