Podcast
Questions and Answers
What is the primary function of the Court of Justice of the European Union?
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?
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?
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?
In which of the following areas does the Court of Justice of the European Union lack jurisdiction?
Which article of the TFEU relates to the liability of EU Institutions?
Which article of the TFEU relates to the liability of EU Institutions?
What is Ornella Porchia's role at the CJEU as of September 2022?
What is Ornella Porchia's role at the CJEU as of September 2022?
Which university did Ornella Porchia obtain her law degree from?
Which university did Ornella Porchia obtain her law degree from?
What type of law does Ornella Porchia specialize in as a professor?
What type of law does Ornella Porchia specialize in as a professor?
What is the role of the Court of Justice in the context of infringement procedures?
What is the role of the Court of Justice in the context of infringement procedures?
Which of these roles did Ornella Porchia hold between 2014 and 2019?
Which of these roles did Ornella Porchia hold between 2014 and 2019?
Which of the following is NOT a membership held by Ornella Porchia?
Which of the following is NOT a membership held by Ornella Porchia?
What does the division of competences at the CJEU imply about preliminary reference procedures?
What does the division of competences at the CJEU imply about preliminary reference procedures?
Which article of the TFEU envisions a division of competences with the General Court?
Which article of the TFEU envisions a division of competences with the General Court?
What is the composition of the Court of Justice of the European Union (CJEU) regarding judges?
What is the composition of the Court of Justice of the European Union (CJEU) regarding judges?
Which formation of the Court sits with a total of 27 judges?
Which formation of the Court sits with a total of 27 judges?
How are advocates general (AGs) selected for the Court?
How are advocates general (AGs) selected for the Court?
What term length do judges of the CJEU serve, and how can their term be renewed?
What term length do judges of the CJEU serve, and how can their term be renewed?
What role does the President of the Court serve?
What role does the President of the Court serve?
What is the primary function of the General Court within the CJEU structure?
What is the primary function of the General Court within the CJEU structure?
What happens to the Civil Service Tribunal as of 2016?
What happens to the Civil Service Tribunal as of 2016?
What must judges and lawyers offer to be eligible for selection at the CJEU?
What must judges and lawyers offer to be eligible for selection at the CJEU?
What is the main function of the infringement procedure at the CJEU?
What is the main function of the infringement procedure at the CJEU?
Which procedure allows natural and legal persons to challenge acts of the EU?
Which procedure allows natural and legal persons to challenge acts of the EU?
As of October 2024, which areas are exclusively transferred to the General Court for preliminary ruling references?
As of October 2024, which areas are exclusively transferred to the General Court for preliminary ruling references?
What is the nature of the judgement rendered by the ECJ in an infringement procedure?
What is the nature of the judgement rendered by the ECJ in an infringement procedure?
Which of the following is NOT a part of the General Court's competencies?
Which of the following is NOT a part of the General Court's competencies?
Who plays a central role in the infringement procedure at the CJEU?
Who plays a central role in the infringement procedure at the CJEU?
What is the primary subject matter of the annulment procedure?
What is the primary subject matter of the annulment procedure?
Which procedure is specifically designed for regulating the relationship between the EU Institutions and EU primary law?
Which procedure is specifically designed for regulating the relationship between the EU Institutions and EU primary law?
Flashcards
What is the CJEU?
What is the CJEU?
The Court of Justice of the European Union (CJEU) is the highest court in the EU legal system. It ensures the uniform and correct interpretation and application of EU law across all member states.
What are the components of the CJEU?
What are the components of the CJEU?
The CJEU is composed of the Court of Justice and the General Court. The General Court was established in 1988 to improve the protection of individuals and companies by providing first and second instance rulings, allowing the Court of Justice to focus on the uniform application of EU law.
What are the CJEU's areas of jurisdiction?
What are the CJEU's areas of jurisdiction?
The CJEU has jurisdiction to review the legality of actions taken by EU institutions and member states. It can also determine the liability of EU institutions for damages and settle disputes between EU officials and agents.
What are the CJEU's main procedures?
What are the CJEU's main procedures?
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What are the CJEU's limitations?
What are the CJEU's limitations?
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Preliminary reference procedure
Preliminary reference procedure
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Compatibility of international agreements with EU law
Compatibility of international agreements with EU law
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Advisory Jurisdiction
Advisory Jurisdiction
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One judge per Member State in the CJEU
One judge per Member State in the CJEU
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Formation of the CJEU
Formation of the CJEU
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Advocate General
Advocate General
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Selection of Judges and Lawyers
Selection of Judges and Lawyers
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Appointment of Judges
Appointment of Judges
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What is the GC's jurisdiction over preliminary references?
What is the GC's jurisdiction over preliminary references?
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What is the Annulment procedure before the GC?
What is the Annulment procedure before the GC?
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What role does the GC play in disputes involving EU officials or agents?
What role does the GC play in disputes involving EU officials or agents?
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What is the Infringement procedure at the CJEU?
What is the Infringement procedure at the CJEU?
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What is the ECJ's main role?
What is the ECJ's main role?
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What is the ECJ's area of jurisdiction?
What is the ECJ's area of jurisdiction?
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Why is the GC important for the CJEU?
Why is the GC important for the CJEU?
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What is the purpose of the Annulment procedure before the GC?
What is the purpose of the Annulment procedure before the GC?
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What is the General Court (EC) and why was it established?
What is the General Court (EC) and why was it established?
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What are some of the cases the General Court (EC) hears in first instance?
What are some of the cases the General Court (EC) hears in first instance?
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What are some specific cases the General Court (EC) handles?
What are some specific cases the General Court (EC) handles?
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What is an 'annulment procedure'?
What is an 'annulment procedure'?
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What is the 'preliminary reference procedure' and how does the General Court (GC) participate?
What is the 'preliminary reference procedure' and how does the General Court (GC) participate?
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How does the General Court (EC) act as second instance jurisdiction?
How does the General Court (EC) act as second instance jurisdiction?
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Who is Ornella Porchia?
Who is Ornella Porchia?
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Why is the General Court (EC) important?
Why is the General Court (EC) important?
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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
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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..
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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.
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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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