7. El Tribunal de Justicia de la Unión Europea (TJUE)

The Role of the Court of Justice in the European Union

Importance of Control Bodies

• For effective and legitimate decision-making processes within the EU, independent control bodies are necessary to oversee both EU institutions and member states.

• The primary control body discussed is the Court of Justice of the European Union (CJEU).

Structure of the Court

• The CJEU is located in Luxembourg and consists of three distinct courts: the Court of Justice, the General Court, and specialized courts.

• It ensures compliance with primary legislation (treaties) and secondary legislation (rules creating EU institutions), overseeing legality from various EU entities.

Composition and Functioning

• Each member state appoints one judge to represent them; judges serve renewable terms of six years, assisted by legal secretaries and independent advocates general.

• The President is elected from among these judges for a renewable three-year term.

Jurisdictional Scope

• The CJEU has jurisdiction over all EU policies, allowing actions from member states, EU institutions, or individuals to ensure adherence to European law.

• The General Court handles less significant cases with two judges per member state but lacks advocates general unless a judge assumes that role temporarily.

Types of Cases Handled

• Common cases include annulment actions by individuals or companies against decisions made by EU institutions or national governments regarding various issues like state aid or trade.

• The CJEU addresses breaches by member states, preliminary questions from national courts, annulment appeals against General Court decisions.

Key Actions Undertaken by the CJEU

Interpretation and Application of Law

• A primary function involves interpreting legislation through preliminary rulings requested by national courts seeking clarity on European law application.

• National courts may refer questions about interpretation or validity when faced with uncertainties regarding European norms.

Enforcement Mechanisms

• To enforce compliance with laws, infringement procedures can be initiated against member states failing to adhere to EU regulations.

• Both the European Commission and other member states can initiate these proceedings leading potentially to fines if non-compliance persists.

Annulment Powers

• The court can annul EU regulations deemed incompatible with treaties or fundamental rights upon request from various entities including individual citizens affected directly.

Ensuring Institutional Accountability

Procedural Phases in the Court of Justice

Written and Oral Phases

• The procedure begins with a written phase before the Court of Justice, particularly for preliminary questions raised by judicial bodies regarding EU law interpretation or validity.

• After translation into all EU languages, the petition is notified to involved parties, member states, and EU institutions; it is also published in the Official Journal of the European Union.

Submission and Response Timelines

• Parties have two months to submit written observations. For direct appeals, a formal appeal must be submitted to the court's secretariat.

• The opposing party has one month to respond after being notified. Both parties can submit further replies within one month each.

Preparatory Measures and Hearing Reports

• Following the written phase, parties have one month to request a hearing. The Court decides based on a report from the rapporteur judge.

• If a hearing is deemed necessary, its date will be set by the president of the court.

Public Hearing Phase

• During public hearings, judges may ask questions based on facts and allegations presented by both parties.

• The Advocate General presents detailed conclusions analyzing legal aspects weeks later during another public session.

Final Judgment Process

• If no new legal issues arise, the Court may decide without Advocate General conclusions. Judges deliberate based on a pre-prepared draft judgment.

• Decisions are made by majority vote; dissenting opinions are allowed. Judgments are publicly announced and available online immediately after pronouncement.

Specialized Courts within EU Judicial System

Establishment of Specialized Courts

• Specialized courts exist as part of the EU judiciary system for specific cases; their creation requires approval from both Parliament and Council through standard legislative procedures.

Functionality of Specialized Courts

• These courts handle first-instance cases concerning specific areas defined by regulations established through consultations with relevant judicial bodies.

Historical Context: European Civil Service Tribunal

• Only one specialized court was created—the European Civil Service Tribunal in 2004—focused on labor disputes between EU institutions and employees but was dissolved in 2016 into the General Court.

Role of the Court of Justice in Upholding EU Law

Judicial Oversight Mechanism