12European Union Law Quiz

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Questions and Answers

What is the primary function of the Court of Justice of the European Union?

To oversee the economic policy of EU member states.

To ensure the correct and uniform interpretation of EU law. (correct)

To represent EU citizens in legal matters.

To create new EU laws.

Which of the following is NOT a competence of the Court of Justice of the European Union?

Controlling the legitimacy of EU Institutions' actions.

Reviewing economic policies of Member States. (correct)

Infringement procedure against Member States.

Annulment procedure for EU Institutions.

What was the purpose of creating the General Court in 1988?

To improve the protection of individuals in legal matters. (correct)

To focus on political disputes between Member States.

To oversee the legislative process within the EU.

To exclusively handle cases of economic competition.

In which of the following areas does the Court of Justice of the European Union lack jurisdiction?

Common Foreign and Security Policy (CFSP) matters. Signup and view all the answers

Which article of the TFEU relates to the liability of EU Institutions?

Article 340 Signup and view all the answers

What is Ornella Porchia's role at the CJEU as of September 2022?

President of the Tenth Chamber Signup and view all the answers

Which university did Ornella Porchia obtain her law degree from?

Università degli Studi di Torino Signup and view all the answers

What type of law does Ornella Porchia specialize in as a professor?

EU Law Signup and view all the answers

What is the role of the Court of Justice in the context of infringement procedures?

Always carries out infringement procedures Signup and view all the answers

Which of these roles did Ornella Porchia hold between 2014 and 2019?

Legal adviser to the Permanent Representation of Italy to the EU Signup and view all the answers

Which of the following is NOT a membership held by Ornella Porchia?

American Society of International Law Signup and view all the answers

What does the division of competences at the CJEU imply about preliminary reference procedures?

They're always managed by the Court of Justice until September 2024. Signup and view all the answers

Which article of the TFEU envisions a division of competences with the General Court?

Article 256(3) Signup and view all the answers

What is the composition of the Court of Justice of the European Union (CJEU) regarding judges?

One judge from each Member State Signup and view all the answers

Which formation of the Court sits with a total of 27 judges?

Full Court Signup and view all the answers

How are advocates general (AGs) selected for the Court?

Chosen from experienced judicial professionals in larger Member States Signup and view all the answers

What term length do judges of the CJEU serve, and how can their term be renewed?

6 years, renewable Signup and view all the answers

What role does the President of the Court serve?

Appointed for 3 years, with a renewable term Signup and view all the answers

What is the primary function of the General Court within the CJEU structure?

To hear specific categories of actions as the first instance court Signup and view all the answers

What happens to the Civil Service Tribunal as of 2016?

It was repealed as it had fulfilled its purpose Signup and view all the answers

What must judges and lawyers offer to be eligible for selection at the CJEU?

Independence and eligibility for high judicial office in their home MS Signup and view all the answers

What is the main function of the infringement procedure at the CJEU?

Control over the conduct of Member States concerning EU law Signup and view all the answers

Which procedure allows natural and legal persons to challenge acts of the EU?

Annulment Procedure Signup and view all the answers

As of October 2024, which areas are exclusively transferred to the General Court for preliminary ruling references?

Taxation law and customs regulations Signup and view all the answers

What is the nature of the judgement rendered by the ECJ in an infringement procedure?

Declaratory with potential sanctions after a subsequent procedure Signup and view all the answers

Which of the following is NOT a part of the General Court's competencies?

Issuing preliminary rulings in all matters Signup and view all the answers

Who plays a central role in the infringement procedure at the CJEU?

The EU Commission as the guardian of the Treaties Signup and view all the answers

What is the primary subject matter of the annulment procedure?

EU secondary law Signup and view all the answers

Which procedure is specifically designed for regulating the relationship between the EU Institutions and EU primary law?

Annulment Procedure Signup and view all the answers

Study Notes

The Court of Justice of the European Union

The Court of Justice of the European Union (CJEU) is a single institution, but divided into sections and formations (grand chamber, etc).
Its main function is to ensure the correct and uniform interpretation and application of EU law, ensuring all subjects within the EU legal order comply with EU law (Article 19 TEU).
The CJEU is composed of the Court of Justice and the General Court.
The General Court was created in 1988 to improve the protection of natural and legal persons, focusing on the uniform application of the law.

Competences of the CJEU

First exception: The CJEU does not have jurisdiction regarding CFSP matters, except to review compliance with the division of competences, and whether CFSP measures affect natural or legal persons.
Second exception: Within the area of Freedom, Security and Justice (AFSJ), the CJEU does not have jurisdiction to examine the validity or proportionality of police operations maintaining public order and internal security.

Litigation

The CJEU controls the legitimacy of EU institutions and Member States' conduct.
It handles liability of EU institutions (article 340 TFEU).
The CJEU deals with labour litigation involving EU officials and agents (articles 270 and 273 TFEU).

Composition of the CJEU

One judge per Member State, with the overall number varying depending on EU membership.
The Court may sit in formations such as Chambers, Grand Chambers, and Full Courts.
Chambers comprise 3 or 5 judges, while Grand Chambers consist of 13 judges. Full Courts have 27 judges, when required by the importance of a case.
Additionally, Advocate Generals (AGs) provide impartial opinions on cases. The number of AGs depends on the size of the member state, with larger members having more AGs.
Judges and Lawyers are chosen from individuals guaranteeing independence and eligibility for the highest judicial offices within their respective Member States.
Appointments are jointly made by Member States for 6 years, following consultation with a suitability-based committee.

Specialized Tribunals

The European Parliament and Council can create specialized courts to hear specific types of cases at first instance.
The Civil Service Tribunal had exclusive jurisdiction over disputes between EU institutions and officials, until 2016.
A potential future tribunal is envisioned to handle preliminary referrals, if an agreement is reached.

Division of Internal Competencies

Court of Justice
- Infringement procedure, Preliminary reference procedure and Annulment procedure are under the authority of the Court of Justice. In some cases, these processes are managed by the General Court.
- Second instance jurisdiction involving appeals against General Court decisions. -Jurisdiction varies based on the specifics of the matter.
- The division of competencies has adjusted since September 2024 with some areas now delegated to the General Court..
General Court -Infringement procedures are not within the jurisdiction of the General Court, they are under the jurisdiction of the Court of Justice.
- Preliminary reference procedures are not initially under the jurisdiction of the General Court, however, in specific cases, this may change as a result of a transfer.
- Annulment procedures, in certain areas are within the jurisdiction of the General Court. Cases of "natural and legal person" matters are handled by the General Court.
Division of competency adjustments as of October 2024 Specific areas, like value-added tax, excise duties, tariff classification, passenger rights and greenhouse gas emission allowance trading, under which preliminary rulings are sought, are handled by the General Court instead of the Court of Justice.

Main Procedures before the CJEU

Infringement procedure: Controls Member States' compliance with EU law. It's initially under the jurisdiction of the Court of Justice.
Annulment procedure: Reviews the legality of EU secondary legislation.
Preliminary reference procedure: Deals with interpretation and validity issues of EU law, using questions posed by national courts.

Additional Information

Ornella Porchia, was appointed Judge at the General Court on 26 September 2019, and became President of a tenth chamber in 2022.

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Description

Test your knowledge on the Court of Justice of the European Union and its various functions, including its jurisdiction, competences, and key personnel. This quiz covers important aspects such as the General Court's purpose, the role of professionals like Ornella Porchia, and relevant articles of the TFEU.