120-715: The European Communities ( EC ) were three international organizations that were governed by the same set of institutions . These were the European Coal and Steel Community (ECSC), the European Atomic Energy Community (EAEC or Euratom), and the European Economic Community (EEC), the last of which was renamed the European Community ( EC ) in 1993 by the Maastricht Treaty establishing
240-572: A parliamentary system ). A difference from all other parliaments is the absence of a Parliamentary legislative initiative . However, given that in most national parliaments initiatives not backed by the executive rarely succeed the value of this difference is in question. Equally, its independence and power means that the European Parliament has an unusually high success rate for its amendments in comparison to national parliaments; 80% average and 30% for controversial proposals. The composition of
360-661: 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
480-731: A 50-year limit and thus expired in 2002; all its activities are now absorbed into the European Community. The EAEC had no such limit and thus continues to exist. Given that nuclear power is a very sensitive issue for the European electorate, the Euratom Treaty has gone without amendment since its signing, and was not even to be changed with the European Constitution intended to repeal all other treaties (the Constitution's replacement,
600-642: 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
720-413: 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
840-728: A common programme. This body is separate from the European Council , which is a similar body, but is composed of national leaders. The council is composed of twenty-seven national ministers (one per state). However the Council meets in various forms depending upon the topic. For example, if agriculture is being discussed, the council will be composed of each national minister for agriculture. They represent their governments and are accountable to their national political systems. Votes are taken either by majority or unanimity with votes allocated according to population. In these various forms they share
960-574: 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
1080-405: 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
1200-834: A greater role in checking the executive. The three communities were later merged in 1967, by the Merger Treaty , into the European Communities. The institutions were carried over from the European Economic Community (making the Commission of that community the direct ancestor of the current Commission). Under the Treaties of Rome, the Common Assembly (which renamed itself the Parliamentary Assembly, and then
1320-490: 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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#17328371490581440-414: 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
1560-540: A monitor, counterweight and to add democratic legitimacy was composed of 78 national parliamentarians. The second was the Council of Ministers, pushed by the smaller states also to add an intergovernmental element and harmonise national policies with those of the authority. In 1957 the Treaties of Rome established two similar communities, creating a common market ( European Economic Community ) and promoting atomic energy co-operation ( Euratom ). The three institutions shared
1680-411: A number of types of legislation which can be passed. The strongest is a regulation , an act or law which is directly applicable in its entirety. Then there are directives which bind members to certain goals which they must achieve. They do this through their own laws and hence have room to manoeuvre in deciding upon them. A decision is an instrument which is focused at a particular person/group and
1800-548: 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
1920-584: 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
2040-399: 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
2160-602: 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
2280-458: A reshuffle of the proposed Barroso Commission in 2004. The development of the institutions, with incremental changes from treaties and agreements, is testament to the evolution of the Union's structures without one clear "master plan." Some observers like Tom Reid of The Washington Post said of the institutions that "nobody would have deliberately designed a government as complex and as redundant as
2400-475: 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
2520-512: Is Christine Lagarde . The European Court of Auditors (ECA), despite its name, has no judicial powers. It ensures that taxpayer funds from the budget of the European Union have been correctly spent. The court provides an audit report for each financial year to the Council and Parliament. The Parliament uses this to decide whether to approve the commission's handling of the budget. The Court also gives opinions and proposals on financial legislation and anti-fraud actions. The Court of Auditors
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#17328371490582640-707: Is a President (the Council President) and Prime Minister (the Commission President). However, unlike the French model, the Council President does not hold formal powers such as the ability to directly appoint and sack the other, or the ability to dissolve Parliament. Hence while the Council President may have prestige, it would lack power and while the Commission President would have power, it would lack
2760-528: Is at the centre of the European System of Central Banks which comprises all EU national banks. The bank is governed by a board of national bank governors and a President. It is also the central bank for the eurozone (the states which have adopted the euro) and thus controls monetary policy in that area with an agenda to maintain price stability . The ECB is located in Frankfurt. The current president
2880-459: 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
3000-405: Is directly applicable. Institutions may also issue recommendations and opinions which are merely non-binding declarations. The ordinary legislative procedure is used in nearly all policy areas and provides an equal footing between the two bodies. Under the procedure, the Commission presents a proposal to Parliament and the council. They then send amendments to the Council which can either adopt
3120-412: 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
3240-599: Is not an EU member state). The Swiss consensus-driven system is seen as successfully uniting a state divided by language and religion, although the EU was not directly modelled on the Swiss system despite bearing a number of similarities. The European Commission has similarities to the Swiss Federal Council in that both have all-party representation and are appointed on the basis of nationality rather than popularity. The President of
3360-637: Is the judicial branch of the European Union (EU) and is responsible for interpreting EU law and treaties. The CJUE consists of two separate courts: the Court of Justice and the General Court . From 2005 to 2016 it also consisted of the Civil Service Tribunal . The CJEU is located in Luxembourg . The European Central Bank (ECB) is the only one among the 7 institutions that is also an international entity with treaty capability in its own right. It
3480-559: 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
3600-445: 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
3720-748: The European Communities (EC), which were founded in the 1950s in the spirit of the Schuman Declaration . By virtue of the Merger Treaty , all three Communities were governed by the same institutional framework. Prior to 1967, the Common Assembly/European Parliamentary Assembly and the Court of Justice , established by the ECSC, were already shared with the EEC and EAEC, but they had different executives. The 1967 treaty gave
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3840-474: 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
3960-579: 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
4080-481: The European Union . The current president is Charles Michel (since 1 December 2019). The Council of the European Union (informally known as the Council of Ministers or just the Council ) is a body holding legislative and some limited executive powers and is thus the main decision-making body of the Union. Its Presidency rotates between the states every six months, but every three Presidencies now cooperate on
4200-616: The European Union . The European Union was established at that time more as a concept rather than an entity, while the Communities remained the actual subjects of international law impersonating the rather abstract Union, becoming at the same time its first pillar . In popular language, however, the singular European Community was sometimes used interchangeably with the plural phrase, in the sense of referring to all three entities. The European Coal and Steel Community ceased to exist in 2002 when its founding treaty expired. The European Community
4320-520: The Netherlands , and West Germany came together to sign the Treaty of Paris in 1951 which established the Community. The success of this Community led to the desire to create more, but attempts at creating a European Defence Community and a European Political Community failed leading to a return to economic matters. In 1957, the EAEC and EEC were created by the Treaties of Rome . They were to share some of
4440-407: The Treaty of Lisbon , likewise makes no attempt at amendment). As the EAEC has a low profile, and the profile of the European Community is dwarfed by that of the EU, the term "European Communities" sees little usage. However, when the EU was established the institutions that dealt solely or mainly with the European Community (as opposed to all three pillars) retained their original names, for example
4560-414: 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
4680-532: The " Inner Six " (the "outer seven" were those countries who formed the European Free Trade Association ). The six founding countries were France , West Germany , Italy and the three Benelux countries: Belgium , the Netherlands and Luxembourg . The first enlargement was in 1973, with the accession of Denmark , Ireland and the United Kingdom . Greece , Spain and Portugal joined in
4800-580: The 1980s. Following the creation of the EU in November 1993, it has enlarged to include a further sixteen countries by July 2013. Member states are represented in some form in each institution. The Council is also composed of one national minister who represents their national government. Each state also has a right to one European Commissioner each, although in the European Commission they are not supposed to represent their national interest but that of
4920-645: The Community. Prior to 2004, the larger members (France, Germany, Italy and the United Kingdom) had two Commissioners. In the European Parliament , members are allocated a set number seats related to their population, however these ( since 1979 ) have been directly elected and they sit according to political allegiance, not national origin. Most other institutions, including the European Court of Justice , have some form of national division of its members. At
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5040-527: The Council and Commission of the EEC responsibility over ECSC and EAEC affairs, abolishing the Councils of the ECSC and EAEC, the Commission of the EAEC and the High Authority of the ECSC . These governed the three Communities until the establishment of the European Union in 1993. The three Communities shared the same membership, the six states that signed the Treaty of Paris and subsequent treaties were known as
5160-405: The Council in some sensitive areas, and does not have legislative initiative . It does, however, have powers over the Commission which the Council does not. It has been said that its democratic nature and growing powers have made it one of the most powerful legislatures in the world. The Parliament's President (its speaker) is Roberta Metsola ( European People's Party ), who was elected from
5280-513: The Court of Justice and the Parliament, however, they had a separate Council and High Authority, which was called the Commission in these Communities. The reason for this is the different relationship between the Commission and Council. At the time the French government was suspicious of the supranational and wanted to limit the powers of the High Authority in the new Communities, giving the council
5400-629: 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
5520-596: 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
5640-412: 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
5760-468: 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
5880-554: The EU Council. However, unlike the EU's Council, the Bundesrat does not vary its composition depending on the topic being discussed. They both bear similar criticisms , because of the interference of executives in the legislative process. The institutions are not concentrated in a single capital city ; instead, their headquarters are spread across four cities: Brussels , Luxembourg , Strasbourg and Frankfurt . The current arrangement
6000-696: The EU by the common set of institutions, has been retained as an entity distinct from the EU, along with a number of other international entities, such as the European Investment Bank , the European University Institute , the European Stability Mechanism , and the Unified Patent Court . The ECSC was created first. Following its proposal in 1950 in the Schuman Declaration , Belgium , France , Italy , Luxembourg ,
6120-461: 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
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#17328371490586240-540: The EU. What were formerly the competencies of the EEC fell within the European Communities pillar. Justice and Home Affairs was introduced as a new pillar while European Political Cooperation became the second pillar (the Common Foreign and Security Policy ). The Communities institutions became the institutions of the EU but the roles of the institutions between the pillars are different. The commission, Parliament and Court of Justice are largely cut out of activities in
6360-467: The EU." The first institutions were created at the start of the 1950s with the creation of the European Coal and Steel Community (ECSC), based on the Schuman declaration , between six states . The ECSC was designed to bring the markets of coal and steel, the materials needed to wage war, under the control of a supranational authority with the aim of encouraging peace and economic development. It established
6480-470: The European Communities. The working conditions of staff are governed by the Communities' staff regulations and not directly by the labour laws of the countries of employment. Their salaries, wages and emoluments are subject to a tax for the benefit of the European Communities and are, in turn, exempt from national taxes. Institutions of the European Union The institutions of
6600-475: The European Parliament) was supposed to become elected. However, this was delayed by the council until 1979. Since then it gained more powers via successive treaties. The Maastricht Treaty also gave further powers to the council by giving it a key role in the two new pillars of the EU which were based on intergovernmental principles. The 2009 Lisbon Treaty brought nearly all policy areas (including
6720-464: The European Union and has the ability to propose new laws (bills) . It also deals with the day-to-day running of the Union and has the duty of upholding the law and treaties (in this role it is known as the "Guardian of the Treaties"). The commission is led by a President who is nominated by the council (in practice the European Council ) and approved by Parliament. The remaining 26 Commissioners are nominated by member states, in consultation with
6840-457: The European Union are the seven principal decision-making bodies of the European Union and Euratom governed under the Treaties of the European Union and European Union law . They are, as listed in Article 13 of the Treaty on European Union : Institutions are distinct from both advisory bodies to the European Union and agencies of the European Union . Most EU institutions were created with
6960-429: The European Union (of relevant national government ministers). Its 705 members are elected every five years by universal suffrage and sit according to political allegiance . They represent nearly 500 million citizens (the world's second largest democratic electorate) and form the only directly elected body in the Union. Despite forming one of the two legislative chambers of the Union, it has weaker powers than
7080-421: The European Union represents governments, the parliament represents citizens and the commission represents the European interest. Essentially, the Council of the European Union, parliament or another party place a request for legislation to the commission. The commission then drafts this and presents it to the parliament and the Council of the European Union, where in most cases both must give their assent. Although
7200-484: The Federal Council rotates between its members each year, in a fashion similar to that of the EU's Council Presidency. Due to this system of presidency Swiss leaders, like those of the EU, are relatively unknown with national politics viewed as somewhat technocratic resulting in low voter turnout , in a similar fashion to that of the European Parliament. Other parallels include the jealously guarded powers of states ,
7320-534: The Justice and Home Affairs (JHA) pillar to the European Community (JHA was renamed Police and Judicial Co-operation in Criminal Matters (PJCC) as a result). Both Amsterdam and the Treaty of Nice also extended codecision procedure to nearly all policy areas, giving Parliament equal power to the Council in the Community. In 2002, the Treaty of Paris which established the European Coal and Steel Community (one of
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#17328371490587440-401: 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
7560-426: 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
7680-475: The Parliament's members in 2022. The European Council is the group of heads of state or government of the EU member states . It meets four times a year to define the Union's policy agenda and give impetus to integration. The President of the European Council is the person responsible for chairing and driving forward the work of the institution, which has been described as the highest political body of
7800-481: The Parliament, due to the large number of people that move between the cities. The European Green Party estimated that the arrangement costs 200 million euro and 20,268 tonnes of carbon dioxide. Brussels is preferred by some due to the presence of other institutions and other groups whereas Strasbourg is supported due to its historical importance to European unity. European Court of Justice The European Court of Justice ( ECJ ), formally just
7920-423: 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
8040-529: The President, and have their portfolios assigned by the President. The Council then adopts this list of nominee-Commissioners. The council's adoption of the commission is not an area which requires the decision to be unanimous; their acceptance is arrived at according to the rules for qualified majority voting . The European Parliament then interviews and casts its vote upon the Commissioners. The interviews of individual nominees are conducted separately, in contrast to Parliament's vote of approval which must be cast on
8160-401: 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
8280-401: 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
8400-559: The Treaty of Maastricht, Parliament gained a much bigger role. Maastricht brought in the codecision procedure , which gave it equal legislative power with the Council on Community matters. Hence, with the greater powers of the supranational institutions and the operation of Qualified Majority Voting in the council, the Communities pillar could be described as a far more federal method of decision making. The Amsterdam Treaty transferred rule making powers for border controls, immigration, asylum and cooperation in civil and commercial law from
8520-428: 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
8640-416: 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
8760-597: The budget) under the co-decision procedure (renamed " ordinary legislative procedure "), hence increasing the power of the Parliament . The rules for the distribution of seats in the parliament were also changed to a formula system. The High Representative merged with the European Commissioner for External Relations and joined the commission. The appointment of the Commission President became dependent upon
8880-475: 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
9000-473: The commission as a whole without the ability to accept or reject individual Commissioners. Once approval has been obtained from the Parliament, the Commissioners can take office. The current President is Ursula von der Leyen ( EPP ); her commission was elected in 2019. The Court of Justice of the European Union ( CJEU ) ( French : Cour de justice de l'Union européenne or " CJUE "; Latin : Curia )
9120-522: The considerable level of translation and the choice of a lesser city as the capital. Furthermore, executive power in the EU is not concentrated in a single institution. It becomes clearer under the Lisbon Treaty with the division of the European Council as a distinct institution with a fixed President. This arrangement has been compared to the dual executive system found in the French republic where there
9240-663: The council can only be compared with the quite unique and unusual composition of the German upper house, the Bundesrat . Membership of the Bundesrat is limited to members of the governments of the states of Germany and can be recalled by those governments in the same manner as the EU's Council. They retain their state role while sitting in the Bundesrat and their term ends when they are recalled by their state governments (who are solely responsible for their appointment) or they cease to sit in their state government. Hence they also are not elected at
9360-450: The creation of the EU was Jacques Delors , who briefly continued his previous EEC tenure before handing over to Jacques Santer in 1994. The first pillar was the only one established according to then-innovative principles of supranationalism . The pillar structure of the EU allowed the areas of European co-operation to be increased without leaders handing a large amount of power to supranational institutions. The pillar system segregated
9480-451: 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
9600-544: 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 the legal inception of the European Union (EU)—the principal framework for this unification. The EU inherited many of its present responsibilities from
9720-483: 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
9840-531: The establishment of the European Community in 1958. Much change since then has been in the context of shifting the balance of power away from the council and towards the Parliament. The role of the commission has often been to mediate between the two or tip the balance. However, the commission is becoming more accountable to the Parliament: in 1999 it forced the resignation of the Santer Commission and forced
9960-408: The exact nature of this depends upon the legislative procedure in use, once it is approved and signed by both bodies it becomes law. The commission's duty is to ensure it is implemented by dealing with the day-to-day running of the Union and taking others to Court if they fail to comply. The European Parliament (EP) shares the legislative and budgetary authority of the Union with the Council of
10080-500: The first institutions. At its core was an independent executive called the " High Authority " with supranational powers over the Community. The laws made by the Authority would be observed by a Court of Justice in order to ensure they were upheld and to arbitrate. During the negotiations, two supervisory institutions were put forward to counterbalance the power of the High Authority. The "Common Assembly" proposed by Jean Monnet to act as
10200-411: The formal name of the European Court of Justice was the "Court of Justice of the European Communities" until 2009. In 1967, the Merger Treaty combined these separate executives. The Commission and Council of the EEC were to take over the responsibilities of its counterparts in the other organisations. From then on they became known collectively as the "European Communities", for example the commission
10320-518: 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
10440-414: 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
10560-406: The institutions of the ECSC but have separate executive structures. The ECSC's aim was to combine the coal and steel industries of its members to create a single market in those resources. It was intended that this would increase prosperity and decrease the risk of these countries going to war through the process of European integration . The EAEC was working on nuclear energy co-operation between
10680-413: 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
10800-401: 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
10920-417: The last EU elections . The Council of Ministers adopted more qualified majority voting and the European Council was made a distinct institution with a permanent president. The Court of Justice had some minor renaming and adjustments. In addition, the central bank became a full institution. There are three political institutions which hold the executive and legislative power of the union. The Council of
11040-459: 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
11160-427: The legislative and budgetary power of the Parliament, and also lead the Common Foreign and Security Policy . The presidency has been held by Hungary since July 2024. The European Commission (EC) is the executive arm of the Union. It is a body composed of one appointee from each state, currently twenty-seven, but is designed to be independent of national interests. The body is responsible for drafting all law of
11280-403: The members. The EEC was to create a customs union and general economic co-operation. It later led to the creation of a European single market . The EEC became the European Community pillar of the EU , with the ECSC and EAEC continuing in a similar subordinate position, existing separately in a legal sense but governed by the institutions of the EU as if they were its own. The ECSC's treaty had
11400-424: 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
11520-565: The new institutions, the Central Bank is based in Frankfurt , while the European Council is based in Brussels (but has some extraordinary meetings elsewhere). Brussels' hosting of institutions has made it a major centre for the EU. Together with NATO it has attracted more journalists and ambassadors than Washington, D.C. However the three-city agreement has been criticised, notably concerning
11640-407: 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
11760-417: The power of Parliament. While the EU's system of governance is largely unique, elements can be compared to other models. One general observation on the nature of the distribution of powers would be that the EU resembles the federalism of Germany . There, powers are predominantly shared (states can exercise federal powers where the federation has not already exercised them) between the levels of government, and
11880-424: 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
12000-415: 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
12120-467: The prestige of the former. The nature of the European Parliament is better compared with the United States House of Representatives than with the national parliaments of the European Union . This is notable in terms of the committees being of greater size and power, political parties being very decentralised and it being separated from the executive branch (most national governments operate under
12240-488: 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,
12360-469: The same time and the body as a whole cannot be dissolved like most parliaments. As government representatives, members do not vote as individual members but in state blocks, rather than political alignment, to their state governments' agreed line. Each state has unequal voting powers based on population, with an absolute majority required for decisions. Likewise, the presidency rotates equally between members, though each year rather than every six months like in
12480-632: 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),
12600-546: The second and third pillars, with the Council dominating proceedings. This is reflected in the names of the institutions, the council is formally the "Council of the European Union " while the commission is formally the "Commission of the European Communities ". This allowed the new areas to be based on intergovernmentalism (unanimous agreement between governments) rather than majority voting and independent institutions according to supranational democracy. However, after
12720-506: The states participate strongly with decision-making at the federal level. This is in contrast with other federations, for example the United States, where powers are more clearly divided between the levels of government, and the states have little say in federal decision-making. The EU's institutional set up is also somewhat similar to the government of Switzerland (which, although in Europe,
12840-525: The text with those amendments or send back a "common position". That proposal may either be approved or further amendments may be tabled by the Parliament. If the Council does not approve those, then a " Conciliation Committee " is formed. The committee is composed of the Council members plus an equal number of MEPs who seek to agree a common position. Once a position is agreed, it has to be approved by Parliament again by an absolute majority . There are other special procedures used in sensitive areas which reduce
12960-512: The three communities which comprised the European Communities) expired, having reached its 50-year limit (as the first treaty, it was the only one with a limit). No attempt was made to renew its mandate; instead, the Treaty of Nice transferred certain of its elements to the Treaty of Rome and hence its work continued as part of the EC area of the Communities remit. The Treaty of Lisbon merged
13080-403: The three pillars and abolished the European Community, with the European Union becoming the Community's legal successor. Only one of the three European Communities still exists, thus making the designation of "European Communities" obsolete. The abolition of the pillar structure was proposed already under the European Constitution which ultimately failed to pass the ratification process. Since
13200-399: The time of its abolition, the Community pillar covered the following areas: The Protocol on the privileges and immunities of the European Communities grants the European Communities and their institutions certain privileges and immunities such as to allow them to perform their tasks. The International Organizations Immunities Act (22 USC § 288h) of the United States has also been extended to
13320-415: 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
13440-432: 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
13560-406: 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,
13680-526: Was approved in 1992 and attached to the Treaty of Amsterdam . The treaty states that the Commission and Council would be based in Brussels, the Courts in Luxembourg City, and the Parliament in Strasbourg. However some departments of the commission and meetings of the Council take place in Luxembourg City, while the Parliament has its committees and some sessions in Brussels and its secretariat in Luxembourg City. Of
13800-504: 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
13920-637: Was known as the "Commission of the European Communities", although the communities themselves remained separate in legal terms. The Maastricht Treaty built upon the Single European Act and the Solemn Declaration on European Union in the creation of the European Union . The treaty was signed on 7 February 1992 and came into force on 1 November 1993. The emerging Union integrated the European Communities as its institutional core and one of its three pillars . The first Commission President following
14040-409: Was merged with the second and third EU pillars by the Treaty of Lisbon in 2009, finally allowing the European Union to move beyond being only a concept and to assume the shape of a legally incorporated international organization with juridical personality, designated as the legal successor to the Community. However, the reformed EU has not become entirely unified, because Euratom, though governed with
14160-464: 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
14280-421: 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
14400-402: Was set up in 1975. It was created as an independent institution due to the sensitivity of the issue of fraud in the Union (the anti-fraud agency, OLAF , is also built on its independence). It is composed of one member from each state appointed by the Council every six years. Every three years one of them is elected as the president of the court, who is currently Klaus-Heiner Lehne . There are
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