Functions and Jurisdiction of the European Court of Justice

The European Court of Justice, abbreviated as the ECJ, serves as the supreme judicial authority of the European Union. This body not only interprets EU law but also ensures its equal application across all member states. Its functions and jurisdiction are pivotal for the cohesion and uniformity of European legislation.

Functions of the European Court of Justice

The ECJ’s primary function is to interpret EU law to ensure its equal application across all member states. This is crucial for maintaining the legal uniformity that underpins the EU’s single market and other policies. The core functions include:

Preliminary Rulings: One of the most significant functions of the ECJ is to provide preliminary rulings on the interpretation of EU law, upon request from national courts. This helps resolve ambiguities regarding EU legislation before national courts make a final judgment.
Infringement Proceedings: The ECJ assesses whether member states have failed to fulfill their obligations under EU law. The European Commission or another member state can initiate these proceedings.
Annulment Actions: The court has the power to annul EU acts that are deemed illegal. Member states, the EU institutions, or private individuals can bring such actions if they feel an EU act infringes on their rights.
Failure to Act: The ECJ ensures that the institutions of the EU act in accordance with their legal obligations. Cases can be brought forward if an institution fails to make a decision that is legally required.
Actions for Damages: Individuals or companies can bring actions against the EU institutions for damages incurred due to unlawful acts committed by these bodies.

Jurisdiction of the European Court of Justice

The jurisdiction of the ECJ is comprehensive, covering most areas of EU law. However, it is defined and limited by the Treaties of the European Union, which serve as the constitutional basis of the EU. The jurisdiction includes:

Direct Jurisdiction: This encompasses cases brought directly before the ECJ, such as disputes between the EU institutions and member states or among the institutions themselves.
Appellate Jurisdiction: The ECJ has appellate jurisdiction over decisions made by the General Court, which handles cases brought by individuals, companies, and, in some cases, EU institutions.
Jurisdiction over EU External Relations: The court interprets and applies treaties and international agreements entered into by the EU, ensuring that the EU’s international obligations are respected.
Exclusive Jurisdiction in Specific Areas: The ECJ holds exclusive jurisdiction over certain areas, such as disputes involving the legality of EU legislative acts.

Relationship with National Courts

The ECJ’s jurisdiction is complementary to that of national courts. While national courts are responsible for enforcing EU law within member states, the ECJ provides authoritative interpretations to ensure consistency. In this collaborative dynamic, the principle of supremacy of EU law dictates that EU law takes precedence over conflicting national law, a doctrine reinforced by the ECJ’s rulings.

European Court of Justice and the Court of Justice of the European Union

The European Court of Justice (ECJ) and the Court of Justice of the European Union (CJEU) are central components of the judicial architecture of the European Union (EU). These institutions play essential roles in ensuring the uniform interpretation and application of EU law across its member states.

The Court of Justice of the European Union

The CJEU is the overarching judicial authority of the EU, consisting of three distinct courts: the European Court of Justice, the General Court, and the Civil Service Tribunal, though the latter was dissolved in 2016. Established under the Treaty of Rome in 1957, the CJEU interprets EU law to ensure its equal application across all EU member states.

Structure and Composition

European Court of Justice (ECJ): As the supreme court of the EU, the ECJ primarily addresses requests for preliminary rulings from national courts, actions for annulment, and appeals.
General Court: Formerly known as the Court of First Instance, the General Court deals with cases brought by individuals and companies directly before the EU courts, as well as some cases between EU institutions.

Functions and Jurisdiction

The ECJ ensures the consistent application and interpretation of European law, adjudicating disputes between EU member states, institutions, businesses, and individuals. It also provides legal advice on EU treaties and can impose fines on EU member states for failing to comply with its judgments.

The CJEU also plays a critical role in the development of EU law by issuing preliminary rulings, which guide national courts on the interpretation of complex EU laws. This function is vital in maintaining the coherence of the EU’s legal system.

Advocate General

An essential function within the ECJ is performed by the Advocate General, who provides reasoned submissions on cases brought before the court. These opinions are advisory but highly influential on the court's decision-making.

Historical Role and Influence

The CJEU has played an instrumental role in shaping the EU's judicial landscape. Landmark rulings such as Van Gend en Loos (1963) established the principle of direct effect, asserting that EU law can confer rights on individuals which national courts are bound to recognize and enforce. This and similar judgments have consolidated the EU’s legal system and expanded its jurisdiction.

The CJEU has also been pivotal in advancing the process of European integration and reinforcing the EU's status as a unique supranational entity. Its interpretations of the Treaty on European Union and the Treaty on the Functioning of the European Union have been crucial in the evolution of EU law.