History of the European Court of Justice by hcj

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									                               Chapter 10: Other Institutions and Bodies
                                                                          Institutions of the EU-Sophie Wulk-30.04.10
                                                         Dasha Vysokih, Charlisara Suparat, Courtney Knott, Tom Parker

The European Court of Justice- The Court must ensure that the interpretation and application of European law is
observed throughout the European Union. Throughout the 1970‟s, the Court produced an impressive amount of case law
that maintained the momentum for deeper integration. During the 1980‟s, the Court‟s new legal order encouraged the
EC‟s revival and transformation. After receiving a great deal of criticism, the Court grew less active.

Basic Rules of European Union Law-
     Direct Effect: Van Gend en Loos (1963)
     Supremacy: Costa v. ENEL (1964) & Simmenthal v. Commission (1979)

Types of Cases the Court rules on-Preliminary Ruling and Direct Actions

Composition and Procedures-Details outlined in Articles 221-223 TEU.

                                                   Impact of Case Law
Protection of individual       Delineation of                 Development of the            Enforcement of and
rights (incorporation of the   competences; development principles of substantive           protection of EU law
Charter of Fundamental         of EU powers/institutions; EU law
Rights)                        interinstitutional relations

Enforcement-The worst areas of noncompliance are environmental policy, the single market, and agriculture. The main
culprits are France, Italy, and Spain. Judicial Remedy: Sanctions:

                             European Court of Justice in Relation to other Institutions
             Commission:                            Parliament:                               Council:
   Often ruled against Commission  Both share a common                       Council upholds national
   However, the Commission is an          integrationist and                      interests, and the Court upholds
    ally as it serves as the “guardian     supranationalist outlook.               supranationality.
    of the treaties.”                                                          Council feels slighted in
                                                                                   comparison to the others.

The Court of First Instance-During the early 1970‟s the Court of Justice‟s workload became unmanageable. After the
implementation of The Single European Act in 1986, a proposal to create a Court of First Instance passed in order to
alleviate the ECJ‟s workload. The new Court began operating in Oct. 1989, and in 1990 it delivered its first judgment.
By 1991, it adopted its own rules of procedure.

Jurisdiction-Initially the court had an extremely narrow jurisdiction that allowed for rulings on matters of fact.
Recently it was given the competence for all direct actions which blurred the lines of jurisdiction between the two
courts.

Composition and Procedures-Details outlined in Articles 224-225 TEU.

Assessment-The Court of Justice still suffers from an unmanageable workload; however, without the CFI, the ECJ
would be completely overwhelmed as the CFI also has a huge workload. After some complaints by CFI officials, they
were given the right to for single-judge rulings in certain types of cases to allow for faster rulings. The CFI is “growing
in stature, gaining in confidence and developing its own distinctive voice-yet at the same time being reminded of, and
responding to, the ECJ‟s „senior role‟” (Dinan, 305).


Court of Auditors- First known as Auditor Board. In 1975, budget treaty replaced it with the new Court of Auditors
and began functioning in October 1977.

Composition- One member of the court per member state and stay in position for 6 years per term. Each member state
nominates a member of the court. The Council then appointed after consulting the Parliament.
                            Chapter 10: Other Institutions and Bodies
                                                                      Institutions of the EU-Sophie Wulk-30.04.10
                                                     Dasha Vysokih, Charlisara Suparat, Courtney Knott, Tom Parker
Function and relations with EU´s institutions.
    Examining the EU´s financial affairs and has authority to cover all bodies created by the Community and all
        payments.
    Exert pressure for reform, especially of the Commission.
    Publish an annual report and opinion on each year´s budget along with the Commission in procédure
        contradictoire


National Parliaments
     Reform the European Parliament
     Qualified majority vote in the Council
     Conference of European Affairs Committee


The European Economic and Social Committee EESC
     Members represent various interest groups that collectively make up “organized civil society”
     Appointed by the Council for four years
     Council and Commission must consult EESC before decisions are taken in a number of issues*


The Committee of the Regions CoR (Established 1994, Maastricht Treaty)
      Representatives of regional and local government
      Proposed by countries and appointed by Council for four years period
      Council and Commission must consult CoR before decision of relevance for regions
In the co-decision procedure EESC and CoR are consultants in initial phases
CoR main issues:
      Three quarters of EU legislation implemented at local and regional level influence new EU law(directives)
      Closing the gap to citizens- involve elected level of government closest to citizens
 main principles:
      Subsidiarity-closeness
      Proximity-transparency
      Partnership-all levels of government
*Obligatory consulting in ten areas: Economic and social cohesion; Trans-European Network(transport); Energy and
communication; Public health; Education and youth; Culture; Employment; Social Policy; Environment; Vocational
Training; Transport(in general).

								
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