The European Law Moot Court ( ELMC ) is an annual moot court competition between rival teams of university students who have an interest in European Union law .
109-425: The competition consists of a written round, regional finals, and a Europe-wide final. During the written round the teams of three or four students write two legal pleadings (one each for the applicant and respondent). From these written pleadings the teams are scored and the 48 highest scoring teams proceed to one of the four regional finals across the globe for oral hearings. One team from each regional final goes on to
218-661: A preliminary ruling and appeals against decisions of the General Court . Under Article 258 (ex Article 226) of the Treaty on the Functioning of the European Union , the Court of Justice may determine whether a Member State has fulfilled its obligations under Union law. That action may be brought by the commission – as is practically always the case – or by another Member State, although
327-557: A referendum in France narrowly supported the ratification of the treaty, with 50.8% in favour. This narrow vote for ratification in France, known at the time as the ' petit oui ', led Jacques Delors to comment that "Europe began as an elitist project in which it was believed that all that was required was to convince the decision-makers. That phase of benign despotism is over." In the United Kingdom parliament ratification did not command
436-642: A Dutch transport firm brought a complaint against Dutch customs for increasing the duty on a product imported from Germany. The court ruled that the Community constitutes a new legal order, the subjects of which consist of not only the Member States but also their nationals. Consequently Community law may, if appropriately framed, confer rights on individuals which national courts are bound to protect. The principle of direct effect would have had little impact if Union law did not supersede national law. Without supremacy
545-413: A Union institution, that is a party to certain proceedings, so requests, or in particularly complex or important cases. The court acts as a collegial body: decisions are those of the court rather than of individual judges; no minority opinions are given and indeed the existence of a majority decision rather than unanimity is never suggested. It is the responsibility of the Court of Justice to ensure that
654-520: A clear majority. In protest against the social-policy opt out, Labour opposed, while "anti-federalists" split the governing Conservatives . Prime Minister John Major was able to face down his " Maastricht Rebels " only by tying ratification to the survival of the government in a vote of confidence. (Researchers and observers suggest that, in the United Kingdom, the Maastricht Treaty represented "a critical turning point" in terms of divisions within
763-694: A common defence". Title II, Provisions Amending the Treaty Establishing the European Economic Community, reformulates the EEC as the central "pillar" of the Union. It amends the EEC's Treaty of Rome constitution, renaming it the European Community to reflect the Union's broader ambition. Amendments incorporate (as detailed in attached protocols) a staged progression toward monetary union including
872-574: A dictum which summarises the decision which the Court has made and may direct how costs are to be managed. In the ECJ's 2009 report it was noted that Belgian, German and Italian judges made the most referrals for an interpretation of EU law to the ECJ. However, the German Constitutional Court has rarely turned to the European Court of Justice, which is why lawyers and law professors warn about
981-405: A future judicial conflict between the two courts. On 7 February 2014, the German Constitutional Court referred its first case to the ECJ for a ruling on a European Central Bank program. In 2017 the German Constitutional Court referred its second case to the ECJ but contrary to the binding nature of the Court of Justice's preliminary rulings, the German Constitutional Court in 2020 refused to abide by
1090-582: A huge boost to Euro-scepticism; and made currency traders like George Soros rich. The ERM was the centrepiece of the European Monetary System (EMS), set up on voluntary basis in 1978 to reduce the "barrier" that exchange-rate volatility presented for intra-Community commerce (and for the management of payments under the Common Agricultural Policy ). Britain had signed up to the ERM in 1990 as
1199-490: A legal solution to the case before the judges deliberate and deliver their judgment. The intention behind having Advocates General attached is to provide independent and impartial opinions concerning the Court's cases. Unlike the Court's judgments, the written opinions of the Advocates General are the works of a single author and are consequently generally more readable and deal with the legal issues more comprehensively than
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#17328551587151308-414: A member state or a national of a member state the applicant must choose an official language of that member state, unless the parties agree otherwise. However, the working language of the court is the language of the case being heard with French being the common language for discussion, and it is in this language that the judges deliberate, pleadings and written legal submissions are translated and in which
1417-530: A number of anomalous issues. Provided that all Member States ratify, it rules that the Treaty should come into force on 1 January 1993. Articles within the Treaty were referred to by using the letters A to S. Annexed to the Treaty is a Protocol, and an Agreement, on Social Policy. With a view to ensuring that the dynamic of the European single market respect certain minimum social and employment protections, these allow
1526-548: A particular outcome if that was the opinion of the Advocate General. As of 2003, Advocates General are only required to give an opinion if the Court considers the case raises a new point of law. According to Article 255 TFEU the judges and advocates-general are appointed by common accord of the governments of the Member States after consultation of a panel responsible for assessing candidates’ suitability. The Registrar
1635-399: A presumption that action will be taken at European level only where national efforts cannot achieve the objective in question. Sceptics note that the Treaty offers no legally actionable definition of subsidiarity. Rather there are "a series of tentative indications for Community action in a document full of imprecise concepts: 'sufficiently', 'better achieved', 'what is necessary', 'to achieve
1744-584: A problem of the same nature is raised. Although such a reference may be made only by a national court, which alone has the power to decide that it is appropriate do so, all the parties involved – that is to say, the Member States, the parties in the proceedings before national courts and, in particular, the commission – may take part in proceedings before the Court of Justice. In this way, a number of important principles of Union law have been laid down in preliminary rulings, sometimes in answer to questions referred by national courts of first instance. Rulings end with
1853-399: A question to the European Court of Justice. These are the first references by each constitutional court: Procedure before the ECJ is determined by its own rules of procedure. As a rule the Court's procedure includes a written phase and an oral phase. The proceedings are conducted in one of the official languages of the European Union chosen by the applicant, although where the defendant is
1962-602: A register initialled by the President. They are Guardian of the Seals and responsible for the Court's archives and publications. The Registrar is responsible for the administration of the Court, its financial management and its accounts. The operation of the Court is in the hands of officials and other servants who are responsible to the Registrar under the authority of the President. The Court administers its own infrastructure; this includes
2071-623: A threat of a "government by judges". He claimed that foreign judges were not always aware of the financial implications of their judgements on national governments. Maastricht Treaty The Treaty on European Union , commonly known as the Maastricht Treaty , is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve member states of the European Communities , it announced "a new stage in
2180-618: A tie. One judge was appointed from each member state and the seventh seat rotated between the "large Member States" (West Germany, France and Italy). It became an institution of two additional Communities in 1957 when the European Economic Community (EEC), and the European Atomic Energy Community (Euratom) were created, sharing the same courts with the European Coal and Steel Community. The Maastricht Treaty
2289-545: A token of the government's commitment to control inflation (then running at three times the rate of Germany). From the beginning of 1990, high German interest rates, set by the Bundesbank to counteract inflationary impact of the expenditure on German reunification , caused significant stress across the whole of the ERM. By the time of their own ratifications debates, France and Denmark also found themselves under pressure in foreign exchange markets, their currencies trading close to
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#17328551587152398-459: Is based in Luxembourg . It is composed of one judge per member state – currently 27 – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law , but not national law. It is not possible to appeal against the decisions of national courts in
2507-412: Is elected for a term of three years in the case of the five-judge chambers or one year in the case of three-judge chambers. The Court is required to sit in full court in exceptional cases provided for in the treaties. The court may also decide to sit in full, if the issues raised are considered to be of exceptional importance. Sitting as a Grand Chamber is more common and can happen when a Member State or
2616-559: Is the Court's chief administrator. They manage departments under the authority of the Court's president. The Court may also appoint one or more Assistant Registrars. They help the Court, the Chambers, the President and the Judges in all their official functions. They are responsible for the Registry as well as for the receipt, transmission and custody of documents and pleadings that have been entered in
2725-541: Is the doctrines of direct effect and supremacy that allow the European legal system to forgo any use of retaliatory enforcement mechanisms by the Member States. Links between the direct effect doctrine and the suppression of inter-state retaliation between the EU member states can be found in many of the landmark early decisions of the European Court of Justice, and in the writings of the influential French judge, Robert Lecourt , perhaps
2834-498: The Council of Ministers . Although these were seen by many to presage a " federal Europe ", key areas remained inter-governmental with national governments collectively taking key decisions. This constitutional debate continued through the negotiation of subsequent treaties (see below), culminating in the 2007 Treaty of Lisbon . In the wake of the Eurozone debt crisis unfolding from 2009,
2943-472: The Court of Justice ( French : Cour de Justice ), is the supreme court of the European Union in matters of European Union law . As a part of the Court of Justice of the European Union , it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and
3052-454: The Deutsche Mark and adopt a common currency. Without consulting Karl Otto Pöhl , President of the Bundesbank , Kohl accepted the deal. Despite this win for France, it was widely perceived that the cost of German cooperation was German dictation of the rules for a single currency. The Bundesbank had signalled that Germany's economic success would come before being "a good european". In
3161-637: The European Council at Edinburgh in 1992. However, there was no reference to future bodies being in Luxembourg City. In reaction to this, the Luxembourg government issued its own declaration stating it did not surrender those provisions agreed upon in 1965. The Edinburgh decision was attached to the Amsterdam Treaty . With the Treaty of Nice Luxembourg attached a declaration stating it did not claim
3270-475: The European Economic Community (EEC), the European Coal and Steel Community (ECSC) and the European Atomic Energy Community (Euratom). It confirms among its objectives are "the introduction of a citizenship of the Union" common to the nationals of the Member States; "economic and monetary union, ultimately including a single currency"; and "a common foreign and security policy including the eventual framing of
3379-622: The European Parliament "co-legislator with the Council of Ministers" and have since been developed and extended to nearly all areas where the Council decides on legislation by qualified majority voting. The "foundations of co-decision in the Maastricht Treaty" have led to ways to reconcile differences between the Parliament and the Council, formally through a "conciliation procedure" and informally through "trialogues" involving negotiations between
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3488-675: The Pound sterling ). The signatory nations were represented by: In consequence of the Dutch Presidency of the Council of the European Communities during the previous six months of negotiation, the Treaty was signed in the Netherlands , in the city of Maastricht . The twelve members of the European Communities signing the Treaty on 7 February 1992 were Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, Portugal, Spain,
3597-414: The Treaty on the Functioning of the European Union . A reference for a preliminary ruling may also seek review of the legality of an act of Union law. The Court of Justice's reply is not merely an opinion, but takes the form of a judgment or a reasoned order. The national court to which that is addressed is bound by the interpretation given. The Court's judgment also binds other national courts before which
3706-506: The franc . Since then, Mitterrand had been committed to drawing Germany into a currency partnership. After the fall of the Berlin Wall in late 1989, Germany sought re-unification. France, the UK, and the rest of Europe expressed their concerns over re-unification. When German Chancellor Helmut Kohl asked for re-unification in 1990, Mitterrand would only accept in the event Germany would abandon
3815-617: The Conservative Party over European integration and the ruling party' ultimate fragmentation in 2016 into Leave and Remain factions). In Germany, the Maastricht Treaty passed the Bundestag on December 2, 1992, with a majority of 543 out of 562, and the Bundesrat with unanimity. The Bundestag was required to amend the Grundgesetz (German Basic Law) to “legalize Germany’s membership in
3924-531: The Council of Ministers to approve relevant proposals from the European Commission on the basis of a qualified majority rather than unanimous consent. The United Kingdom was not a party of the Agreement on Social Policy and secured an "opt out" from the protocol. It was to do the same with respect to the obligation to enter the final, single-currency, stage of monetary union (the UK would not have to give up
4033-629: The Court of Justice finds that the Member State concerned has not complied with its judgment, it may, upon the request of the commission, impose on the Member State a fixed or a periodic financial penalty under Article 260 of the TFEU. By an action for annulment under Article 263 (ex Article 230) of the Treaty on the Functioning of the European Union , the applicant seeks the annulment of a measure (regulation, directive, decision or any measure with legal effects) adopted by an institution, body, office or agency of
4142-596: The Court of Justice or the General Court is that which appears in the language of the case. All the EU's judicial bodies are based in the Kirchberg quarter of Luxembourg City , Luxembourg . The Court of Justice is seated in the Palais de la Cour de Justice . Luxembourg City was chosen as the provisional seat of the Court on 23 July 1952 with the establishment of the European Coal and Steel Community . Its first hearing there
4251-412: The Court, which is limited to the particular matters at hand. The opinions of the Advocates General are advisory and do not bind the Court, but they are nonetheless very influential and are followed in the majority of cases. In a 2016 study, Arrebola and Mauricio measured the influence of the Advocate General on the judgments of the Court, showing that the Court is approximately 67% more likely to deliver
4360-448: The ECB, nor a national central bank, nor any member of their decision-making bodies, shall seek or take instructions from Community institutions or bodies from any Government of a Member State or from any other body." Seeming to further preclude any possibility of the single-currency banking system being used to regulate European financial markets in support of potentially inflationary policies,
4469-468: The ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpretation to the facts of any given case, although only courts of final appeal are bound to refer a question of EU law when one is addressed. The treaties give the ECJ the power for consistent application of EU law across the EU as a whole. The court also acts as an administrative and constitutional court between
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4578-523: The EU. The Court of Justice has exclusive jurisdiction over actions brought by a Member State against the European Parliament and/or against the council (apart from Council measures in respect of State aid, dumping and implementing powers) or brought by one Union institution against another. The General Court has jurisdiction, at first instance, in all other actions of this type and particularly in actions brought by individuals. The Court of Justice has
4687-400: The European Parliament, Council and Commission, which have become standard in most legislative procedures. In establishing the European Union the Maastricht Treaty amended the treaties that had established the European Communities in the 1950s. Following the EU accessions of Austria, Finland, and Sweden, it was in turn amended by the treaties of Amsterdam (1997), and Nice (2001). Following
4796-533: The European Union (Article 23) as well as to install a European Monetary Union (Article 88).” The ratification was delayed by challenges at the German Federal Constitutional Court , the complainants claiming the amendments transferring sovereign competencies to the European Union violated democratic principles (Article 20 and 38(1)) of the Grundgesetz that were unamendable (Article 79(3)); hence
4905-561: The Eurozone – higher debts which, ultimately, have no relationship to higher growth. The Maastricht criteria, he insisted, were correct in placing the onus for growth on "competitiveness, structural reforms, investment, and sustainable financing". Set alongside the European Community, the cooperation proposed in the Maastricht Treaty on foreign and security policy, and on justice and home affairs, were characterised in official commentary as
5014-571: The German Bundesbank ". Whereas the Bundesbank, under article 12 of its constitution, is "bound to support the general economic policy of the [German] Federal Government", the obligation of the ECB to "support the general economic policies in the Community" is to be "without prejudice" to price stability, the Bank's "primary objective". It is further conditioned by the express understanding that "neither
5123-401: The Maastricht Treaty opened up "debates about whether this strengthened the states, regions or local government vis-à-vis the EU or vice versa". Subsidiarity can be read as a federalising principle. For every endeavour it poses the question of whether national or Community policy is the most effective means, and elevates simple utility above any deference to national or local feeling, albeit with
5232-457: The Maastricht Treaty should be inadmissible. The court delivered its judgment on October 12, 1993 ruling the Maastricht Treaty compatible with the Grundgesetz, but provided that the European Union could not endow itself with more powers without the Bundestag’s approval. The court also confirmed its Solange II decision accepting the supremacy of European Court of Justice decisions while retaining
5341-401: The Member States could simply ignore EU rules. In Costa v ENEL (1964), the court ruled that member states had definitively transferred sovereign rights to the Community and Union law could not be overridden by domestic law. Another early landmark case was Commission v Luxembourg and Belgium (1964), the "Dairy Products" case. In that decision the Court comprehensively ruled out any use by
5450-426: The Member States of the retaliatory measures commonly permitted by general international law within the European Economic Community. That decision is often thought to be the best example of the European legal order's divergence with ordinary international law. Commission v Luxembourg and Belgium also has a logical connection with the nearly contemporaneous Van Gend en Loos and Costa v ENEL decisions, as arguably it
5559-613: The Netherlands and the United Kingdom. The Treaty noted that it should be "ratified by the High Contracting Parties in accordance with their respective constitutional requirement". In the cases of Denmark, France and Ireland this required referendums. In the first Danish referendum , on 2 June 1992, the treaty was rejected by a margin of 50.7% to 49.3%. Concessions secured by the end of year in Edinburgh including, critically,
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#17328551587155668-480: The President of the Court of Justice, the Vice-President is elected by the members of the Court for a term of three years. The judges are assisted by eleven Advocates General , whose number may be increased by the Council if the Court so requests. The Advocates General are responsible for presenting a legal opinion on the cases assigned to them. They can question the parties involved and then give their opinion on
5777-451: The Statute of the Court of Justice in 2012. The duty of the Vice-President is to assist the President in the performance of his duties and to take the President's place when the latter is prevented from attending or when the office of President is vacant. In 2012, judge Koen Lenaerts from Belgium became the first judge to carry out the duties of the Vice-President of the Court of Justice. Like
5886-467: The TEC as the Treaty on the Functioning of the European Union (TFEU). Since the end of World War II , sovereign European countries have entered into treaties and thereby co-operated and harmonised policies (or pooled sovereignty ) in an increasing number of areas, in the European integration project or the construction of Europe ( French : la construction européenne ). The following timeline outlines
5995-467: The Translation Directorate, which, as of 2012 employed 44.7% of the staff of the institution. The Court can sit in plenary session, as a Grand Chamber of fifteen judges (including the president and vice-president), or in chambers of three or five judges. Plenary sittings are now very rare, and the court mostly sits in chambers of three or five judges. Each chamber elects its own president who
6104-409: The Treaty expressly prohibits the ECB or any Member State central extending "overdraft facilities or any other type of credit facility" to "Community institutions or bodies, central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of Member States", or the purchase from them debt instruments. Critics felt that, in limiting the role of
6213-577: The UK, the Maastricht rebellion drew on the experience of Black Wednesday . On 16 September 1992 the British government had been forced to withdraw the pound sterling from the European Exchange Rate Mechanism (ERM), after a failed and costly attempt to keep the pound above its mandated exchange rate limit. Sterling 's exit from the ERM was the defining failure of John Major's government;
6322-428: The Union for damage to citizens and to undertakings caused by its institutions or servants in the performance of their duties. Under Article 256 (ex Article 225) of the Treaty on the Functioning of the European Union , appeals on judgments given by the General Court may be heard by the Court of Justice only if the appeal is on a point of law. If the appeal is admissible and well founded, the Court of Justice sets aside
6431-499: The accession of a further twelve states, ten from the former Eastern Bloc – Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia – plus Cyprus and Malta, and an aborted Treaty on a European Constitution , the Treaty on European Union and the Treaty Establishing the European Community (TEC) were more comprehensively revisited. The 2007 Treaty of Lisbon amends both again and renames
6540-467: The administrative implementation of Union law, for which the authorities of the Member States are essentially responsible; many provisions of the Treaties and of secondary legislation – regulations, directives and decisions – directly confer individual rights on nationals of Member States, which national courts must uphold. National courts are thus by their nature the first guarantors of Union law . To ensure
6649-533: The all-European final where the four regional final winning teams argue before the judges of the European Court of Justice in Luxembourg . In addition, one member from each team at the regional finals can participate in the competition as the representative of the European Commission or Advocate-General of the European Court of Justice and is eligible to receive a separate award for his or her effort at
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#17328551587156758-402: The all-European finals. There is also a special award for the best oral speaker and the best written pleadings. The motto of the competition is "moot, meet and compete". In the 2004/2005 competition, the regional finals were held in: In the 2005/2006 competition, the regional finals were held in: In the 2006/2007 competition, the regional finals were held in: In the 2007/2008 competition,
6867-454: The bottom of their ERM bands. Having "resolved to achieve the strengthening and the convergence and to establish an economic and monetary union including,... a single and stable currency", the Treaty ruled that "Member States shall regard their economic policies as a matter of common concern", and that the obligations assumed should be a matter for "mutual surveillance." Commonly known as the Maastricht criteria, these obligations represented
6976-451: The burden of adjustment upon wage-, and benefit-, dependent households. Greek finance minister Yanis Varoufakis credited the Maastricht criteria with framing of a union of deflation and unemployment. Taking issue in defence of the Maastricht criteria, German finance minister Wolfgang Schäuble argued that "the old way to stimulate growth will not work." There is a real "moral hazard" in allowing Member States to accumulate higher debts within
7085-413: The cases of the latter kind remain extremely rare. Only six interstate cases have been decided by the court: The commencement of proceedings before the Court of Justice is preceded by a preliminary procedure conducted by the commission, which gives the Member State the opportunity to reply to the complaints against it. The court has decided that if the European Commission does not send the formal letter to
7194-400: The convergence criteria denied member states the resort to currency deflation to ease balance-of-payments constraints on domestic spending, and left labour market "flexibility" as the main mean of coping with asymmetric economic shocks. These constraints were to become the focus of political scrutiny and public protest in the new-century European debt crisis . Beginning in 2009 with Greece ,
7303-438: The development of the Union", and asked it to help "elaborate and implement decisions and actions of the Union which have defence implications. Yet it is clear that nothing is to be construed as systematically constraining the foreign or defence policies of the individual Member States. "Failing a Council decision", which would require unanimity, a Member State is free to take such action as it considers "necessary". This, in part,
7412-501: The effective and uniform application of Union legislation and to prevent divergent interpretations, national courts may, and sometimes must, turn to the Court of Justice and ask that it clarify a point concerning the interpretation of Union law, in order, for example, to ascertain whether their national legislation complies with that law. Petitions to the Court of Justice for a preliminary ruling are described in Article 267 (ex Article 234) of
7521-483: The entrance into force of the Treaty of Lisbon on 1 December 2009, the ECJ's official name was changed from the "Court of Justice of the European Communities" to the "Court of Justice" although in English it is still most common to refer to the Court as the European Court of Justice. The Court of First Instance was renamed as the "General Court", and the term "Court of Justice of the European Union" now officially designates
7630-401: The environment. In these and other areas which do not fall within Community's "exclusive competence", in accordance with "the principle of subsidiarity " action is to be taken only if, "by reason of the scale or effects", the objectives cannot be more "efficiently" achieved by the Member States themselves. In several of these areas, the Treaty seeks to enhance the "democratic functioning" of
7739-414: The establishment of a common (and later single) European market. In time, the tension between the transferred worker as "a mobile unit of production" contributing to the success of the single market, and the reality of the Community migrants as individuals, seeking to exercise "a personal right" to live and work in another state for their own, and their families', welfare, asserted itself. The Treaty built on
7848-654: The future ECB and euro in national, or Union-coordinated, reflationary policies, Maastricht affirmed what by the late 1980s was the general economic-policy orthodoxy within the Community. This has been described as a "reversed Keynesianism ": macro-economic policy not to secure a full-employment level of demand, but, through the restrictive control of monetary growth and public expenditure, to maintain price and financial market stability; micro economic policy, not to engineer income and price controls in support of fiscal expansion, but to encourage job creation by reducing barriers to lower labour costs. The commitment to monetary union and
7957-475: The governments of several Euro-zone countries (Portugal, Ireland, Spain and Cyprus ) declared themselves unable to repay or refinance their government debt or to bail out over-indebted banks without assistance from third parties. The " austerity " they had subsequently to impose as a condition of assistance from Germany and other of their trade-surplus EU partners, raised calls for new arrangements to better manage payment imbalances between member states, and ease
8066-445: The growing suggestion that there was a Community-wide basis for citizenship rights. The Treaty rules that "every person holding the nationality of a Member State shall be a citizen of the Union". This common and parallel citizenship accords the Member State migrants not only the civil right to take up residence and employment, but also, and for the first time, political rights. In a new EU country of residence Member-State nationals have
8175-468: The independent Boards of Appeal of the EU agencies (as provided by Article 58a of the Statute of the Court). References for a preliminary ruling are specific to Union law. Whilst the Court of Justice is, by its very nature, the supreme guardian of Union legality, it is not the only judicial body empowered to apply EU law. That task also falls to national courts, in as much as they retain jurisdiction to review
8284-414: The institution has been called on to act. Where the failure to act is held to be unlawful, it is for the institution concerned to put an end to the failure by appropriate measures. Under Article 268 of the Treaty on the Functioning of the European Union (and with reference to Article 340), the Court of Justice hears claims for compensation based on non-contractual liability , and rules on the liability of
8393-485: The institutions by conceding the directly elected European Parliament rights not only of consultation but also of co-decision on some categories of European legislation. It also grants the Parliament the power to confirm (and therefore to veto) the Council's nominations for the European Commission , the Community's executive. Titles III and IV amend the treaties establishing the ECSC and Euratom to complete their absorption into
8502-413: The judgment is drafted. The Advocates-General, by contrast, may work and draft their opinions in any official language, as they do not take part in any deliberations. These opinions are then translated into French for the benefit of the judges and their deliberations. However, all documents used in the case are in the language of that case and the only authentic version of the judgment handed down by either
8611-401: The judgment of the General Court. Where the state of the proceedings so permits, the Court may itself decide the case. Otherwise, the Court must refer the case back to the General Court, which is bound by the decision given on appeal. No special procedure applies to allow for an appeal to proceed to the Court of Justice, except for cases which the General Court ruled on appeal against decisions of
8720-509: The law is observed in the interpretation and application of the Treaties of the European Union . To enable it to carry out its duties, the Court has broad jurisdiction to hear various types of action. The Court has competence to, amongst other actions, rule on applications for annulment or actions for failure to act brought by a Member State or an institution; take actions against Member States for failure to fulfil obligations; and hear references for
8829-520: The most enduring reference to the Maastricht Treaty has been to the rules of compliance – the "Maastricht criteria" – for the currency union . Against the background of the end of the Cold War and the re-unification of Germany , and in anticipation of accelerated globalisation , the treaty negotiated tensions between member states seeking deeper integration and those wishing to retain greater national control. The resulting compromise faced what
8938-424: The most important member of the Court between 1962 and 1976. Further, in the 1991 case Francovich v Italy , the ECJ established that Member States could be liable to pay compensation to individuals who suffered a loss by reason of the Member State's failure to transpose an EU directive into national law. In 2008, the former German president Roman Herzog claimed that the ECJ was overstepping its powers. He
9047-477: The national central banks, but to include the prospective currency-issuing European Central Bank . As envisaged by the Treaty, the ECB replaced its shadow European Monetary Institute on 1 June 1998, and began exercising its full powers with the introduction of the euro on 1 January 1999. The Treaty dedicates the EU central banking system to price stability, and gives it "a degree of independence from elected officials" greater even "than that of its putative model,
9156-484: The national currency within "the normal fluctuation margins by the exchange-rate mechanism of the European Monetary System without severe tensions for at least the last two years"; and 4. nominal long-term interest rates no more than 2 percentage points higher than in the three Member States with the lowest inflation. These criteria in turn dictated the mandate of the European System of Central Banks comprising
9265-444: The objectives', subjective notions which leave the way wide open for interpretation or practical developments." Jacques Santer, Prime Minister of Luxembourg, conceded that consensus around the principle of subsidiarity had been possible only because "it conceals different interpretations". The 1992 Treaty may have introduced a more consequential constitutional principle in its promotion "co-decision". It introduced procedures that made
9374-415: The obligations are to maintain: 1. Inflation at a rate no more than 1.5 percentage points higher than the average of the three best performing (lowest inflation) Member States; 2. a "budgetary position" that avoids "excessive" government deficits defined in ratios to gross domestic product (GDP) of greater than 3% for annual deficits and 60% for gross government debt ; 3. the exchange rate of
9483-407: The other EU institutions and the Member States and can annul or invalidate unlawful acts of EU institutions, bodies, offices and agencies. The court was established in 1952, by the Treaty of Paris (1951) as part of the European Coal and Steel Community . It was established with seven judges, allowing both representation of each of the six member States and being an odd number of judges in case of
9592-516: The performance thresholds for member states to progress toward the third stage of European Economic and Monetary Union (EMU), the adoption the common currency (designated at the 1995 Madrid European as the Euro ). The four "convergence criteria", as detailed in attached protocols, impose control over inflation, public debt and the public deficit, exchange rate stability and domestic interest rates. With limited leeway granted in exceptional circumstances,
9701-424: The power to declare measures void under Article 264 (ex Article 231) of the Treaty on the Functioning of the European Union . Under Article 265 (ex Article 232) of the Treaty on the Functioning of the European Union , the Court of Justice and the General Court may also review the legality of a failure to act on the part of a Union institution, body, office or agency. However, such an action may be brought only after
9810-458: The power to review secondary community law as to guarantee basic rights protection in close cooperation with the European Court of Justice. Germany was the last member state to ratify the treaty and it entered into force on November 1, 1993. From the establishment of the European Economic Community in 1957, integrationists argued the free movement of workers was the logical corollary of the free movement of capital, goods and services and integral to
9919-415: The preliminary ruling. According to the German Constitutional Court, the Court of Justice's answer was unintelligble. In June 2021, the European Commission announced it would start infringement proceedings against Germany for the German Constitutional Court's refusal to abide by the Court of Justice's preliminary ruling. The constitutional courts of the member-states have in general been reluctant to refer
10028-458: The price-stability-first criteria for adoption of the single currency and for the operations of the prospective European Central Bank (ECB). Other amendments create the office of European Ombudsman , expand the Structural Fund assistance to the poorer EU regions; and broaden Community competencies in education, culture, public health, consumer protection, trans-European networks, industry and
10137-410: The process of European integration " chiefly in provisions for a shared European citizenship , for the eventual introduction of a single currency , and (with less precision) for common foreign and security policies , and a number of changes to the European institutions and their decision taking procedures, not least a strengthening of the powers of the European Parliament and more majority voting on
10246-488: The qualifications required for appointment to the highest judicial offices in their respective countries or who are of recognised competence. In practice, each member state nominates a judge whose nomination is then ratified by all other member states. The President of the Court of Justice is elected from and by the judges for a renewable term of three years. The President presides over hearings and deliberations, directing both judicial business and administration (for example,
10355-489: The regional finals were held in: In the 2010/2011 competition, the regional finals were held in: In the 2011/2012 competition, the regional finals are held in: This Europe-related article is a stub . You can help Misplaced Pages by expanding it . This article relating to the law of Europe or of a European country is a stub . You can help Misplaced Pages by expanding it . European Court of Justice The European Court of Justice ( ECJ ), formally just
10464-434: The right to vote, and to stand, in both local and European elections. Unresolved in the Treaty is the question of their access to social rights. Political debate continued as to who should have access to public services and welfare systems funded by taxation. French President François Mitterrand was forced to abandon the centrepiece of his Socialist programme in 1983, a job creating reflation , due to speculation against
10573-546: The same exemption secured by Britain from the single currency (Denmark would not have to give up the krone ), allowed for a second referendum . On 18 May 1993, the Maastricht Treaty was endorsed by a vote of 56.7%. In Ireland, the Eleventh Amendment of the Constitution , allowing the state to ratify the Treaty, was approved in a referendum held on 18 June 1992 with the support of 69.1% of votes cast. In September 1992,
10682-632: The seat of the Boards of Appeal of the Office for Harmonisation in the Internal Market – even if it were to become a judicial body. Over time ECJ developed two essential rules on which the legal order rests: direct effect and primacy . The court first ruled on the direct effect of primary legislation in a case that, though technical and tedious, raised a fundamental principle of Union law. In Van Gend en Loos v Nederlandse Administratie der Belastingen (1963),
10791-453: The second and third "pillars" of the Union. The Treaty, however, proposed no significant departures in these areas. Coordination in foreign and security policy had taken place since the beginning of the 1970s under the name of European Political Cooperation (EPC), which had been first written into the treaties by the 1987 Single European Act . Cooperation on law enforcement, criminal justice , asylum, and immigration and other judicial matters
10900-424: The structure of European Community. Title V and VI extend existing intergovernmental consultations on foreign-policy, security and defence matters, and on "cooperation in the fields of justice and home affairs". In both cases, Member States are to "inform and consult one another within the Council [of Ministers] ", but otherwise cooperate independently of Community institutions. Title VII, Final Provisions, covers
11009-415: The time table of the Court and Grand Chamber). He also assigns cases to the chambers for examination and appoints judge as rapporteurs called Judge-Rapporteur (reporting judges). The Council may also appoint assistant rapporteurs to assist the President in applications for interim measures and to assist rapporteurs in the performance of their duties. The post of Vice-President was created by amendments to
11118-432: The two courts, as along with its specialised tribunals, taken together. The Court of Justice consists of 27 Judges who are assisted by 11 Advocates-General . The Judges and Advocates-General are appointed by common accord of the governments of the member states and hold office for a renewable term of six years. The treaties require that they are chosen from legal experts whose independence is "beyond doubt" and who possess
11227-406: The violating member state no-one can force them. If that procedure does not result in termination of the failure by the Member State, an action for breach of Union law may be brought before the Court of Justice. If the Court finds that an obligation has not been fulfilled, the Member State concerned must terminate the breach without delay. If, after new proceedings are initiated by the commission,
11336-587: Was a concession to United Kingdom which continued to insist on the sufficiency of the North Atlantic alliance (supported by the non-aligned Member States, Ireland and Austria , at the 1997 Amsterdam summit, the UK prevented a merger of the WEU and the EU), As an implicit presumption subsidiarity may have been considered a check upon the supranational development of the EEC. But in making it an explicit constitutional principle
11445-502: Was being pursued under the 1990 Schengen Agreement and Convention. The new provisions called on governments to "inform and consult one another within the Council of Ministers", but otherwise continued cooperation on the basis of intergovernmental liaison outside of the EC and its institutions. The West European Union , an until recently moribund club within NATO , is described as "an integral part of
11554-504: Was held on 28 November 1954 in a building known as Villa Vauban , the seat until 1959 when it would move to the Côte d'Eich building and then to the Palais building in 1972. In 1965, the member states established Luxembourg City as the permanent seat of the Court. Future judicial bodies (Court of First Instance and Civil Service Tribunal) would also be based in the city. The decision was confirmed by
11663-464: Was particularly critical of the court's judgment Mangold v Helm , which over-ruled a German law that would discriminate in favour of older workers. In 2011, the President of the Constitutional Court of Belgium , Marc Bossuyt , said that both the Court of Justice of the European Union and the European Court of Human Rights were taking on more powers by extending their competences, creating
11772-421: Was ratified in 1993, and created the European Union . The name of the Court did not change unlike the other institutions. The power of the Court resided in the Community pillar (the first pillar). The Court gained power in 1997, with the signing of the Amsterdam Treaty . Issues from the third pillar were transferred to the first pillar. Previously, these issues were settled between the member states. Following
11881-426: Was to be the first in a series of EU treaty ratification crises. Having "resolved to continue the process of creating an ever closer union among the people of Europe", the Treaty proposes "further steps to be taken in order to advance European integration" under seven titles. Title I, Common Provisions, establishes the European Union (EU) on the foundation of the three, already partially merged, European Communities:
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