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Chapter 11 The Courts of the European Union

Chapter 11 The Courts of the European Union. Chapter by Ilias Kapsis Cini & Pérez-Solórzano Borragán European Union Politics, 3 rd edition. Chapter 11 Slide 2. Lecture Plan. History of the Court Composition, structure and procedure Jurisdiction Judicial activism. Chapter 11 Slide 3.

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Chapter 11 The Courts of the European Union

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  1. Chapter 11 The Courts of the European Union Chapter by Ilias Kapsis Cini & Pérez-Solórzano Borragán European Union Politics, 3rd edition

  2. Chapter 11 Slide 2 Lecture Plan • History of the Court • Composition, structure and procedure • Jurisdiction • Judicial activism

  3. Chapter 11 Slide 3 History of the Court (1) • Key developments • Treaty of Paris (1951) • Court of Justice (ECJ) created for ECSC • Treaties of Rome (1957) • ECJ powers extended • SEA (1986) • Court of First Instance (CFI) created • TEU (1992) • Confirmed pillar 1 competence only • Treaty of Amsterdam (1997) • Some policy moved to Pillar 1 → Power increased re. police and judicial cooperation in criminal matters • Confirmed no power of review over national level

  4. History of the Court (2) Key developments (cont.) Treaty of Nice (2001) CFI became independent Judicial panels attached to CFI to reduce workload CT (rejected) Increase ECJ powers to have full jurisdiction over Treaty provisions and extended, e.g. to include human rights via Charter of Fundamental Rights Confirmed no jurisdiction on CFSP and 3rd Pillar Treaty of Lisbon (proposed) General jurisdiction over “Area of Freedom, Security & Justice” Confirms no jurisdiction over CFSP but charged to ensure CFSP and Union do not affect each other Can rule on legality of Council decisions under CFSP Chapter 11 Slide 4

  5. History of the Court (3) Key features Increased role of Court in European affairs Judicial authority required due to increased integration Need to reconcile diversity Restricted power of Court to Pillar 1, not Pillars 2 or 3 NB Member states retain ultimate control Role of Court in enhancing democracy ECJ use of teleological interpretation of Treaties Chapter 11 Slide 5

  6. ECJ (1) Key features Based in Luxembourg 27 Judges One per member state Renewable, staggered, six year term, no retirement age Private process of selection May be dismissed by unanimous vote of judges and AGs First woman (F. Macken) appointed by Ireland in 1999 President of the Judges Elected by judges Responsible for judicial and administrative activities Presides over Grand Chamber sessions Chapter 11 Slide 6

  7. ECJ (2) Key features (cont.) Eight Advocates-General (AG) Offer non-binding (but influential) opinions Five from largest member states; three rotated Five permanent: France, Germany, Italy, Spain and UK NB Lisbon would increase AG = 11 Inc. Poland First AG Elected by AGs One year term One Registrar Procedural and administrative role Six year term Chapter 11 Slide 7

  8. ECJ (3) Chambers 3-5 judges per chamber 13 judges in Grand Chamber On request of member state or Community institution Full Court Exceptional cases only Each chamber has a President Chapter 11 Slide 8

  9. ECJ (4) Procedure Written (most important) and oral stage Written: Application to the Court Submission of documents supporting application Defences Communication of relevant documents and statements of case Oral: In open court Judge presents report Legal representatives may make oral submissions to the Court Examination of witnesses and/or experts AG offers opinion Chapter 11 Slide 9

  10. ECJ (5) Procedure Final decision adopted by majority Presented in open court Signed by all judges No dissenting opinions presented Protects anonymity and independence of judges Judgement and summary in EU’s Official Journal Detailed judgement published in official law report No appeal process Chapter 11 Slide 10

  11. CFI and European Tribunal CFI At least one judge per member state For legal issues (not political or constitutional) 3-5 judges per chamber Full court in special cases Written and oral process Judgements presented in open court No dissenting opinions presented May be appealed to ECJ European Civil Service Tribunal Created in 2004 by Nice (2001) to reduce CFI workload 7 judges appointed by Council: 6 year, renewable term Points of law may be appealed to CFI Chapter 11 Slide 11

  12. Jurisdiction (1) Direct actions Brought by natural and legal persons to CFI (appeal to ECJ) Brought by EU27 and Community institutions to ECJ Three types (1) Infringement proceedings (2) Actions for judicial review (annulment procedure) (3) Actions for damages Chapter 11 Slide 12

  13. Jurisdiction (2) 1) Infringement proceedings Administrative stage: Commission and member state attempt to negotiate a resolution Judicial stage: If the above fails, Commission may bring member state to ECJ If ECJ confirms infringement, member state must comply Failure to comply may result in new action brought to ECJ and the issuing of a penalty Chapter 11 Slide 13

  14. Chapter 11 Slide 14 Jurisdiction (3) • 2) Actions for judicial review • To review legality of acts from Community institutions • Ensure Community is subject to judicial scrutiny and control • If action is successful then act is declared void • Community institutions and member states have right to bring action • Natural and legal persons must pass strict admissibility test • 3) Actions for damages • Compensation for individuals against Community institutions

  15. Jurisdiction (4) References for Preliminary Rulings ECJ provides correct interpretation of Community law National courts apply this interpretation Co-operative and non-hierarchical relationship between courts Important for development of legal principles Direct effect, Van Gend en Loos (1963) Supremacy, Costa v ENEL (1964) State liability, Francovich (1991) → Vertical co-operation → Illustrates Courts’ teleological approach Chapter 11 Slide 15

  16. “Judicial activism” and the EU27 Activism stronger when political integration slower Influence over inter-institutional dynamic e.g. helped to increase the role of the EP Commitment to promotion of democratic principles Promotion of Community policies e.g. free movement of goods Aims to maintain stability in enlarged EU Re. national courts and governments Gradual acceptance of role of Courts Member states have ultimate control State compliance is a concern Chapter 11 Slide 16

  17. Chapter 11 Slide 17 Lecture Review • Importance of Courts in shaping EU • Judicial support provides legitimacy • Challenges • Workload • Diverse legal and judicial cultures

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