Court of Justice/EU Court
- Court of Justice (Photo: Court of Justice)
Based in Luxembourg, the Court adjudicates on cases under the EU treaties. It is the final interpreter of EU legal issues under the treaties, its decisions cannot be appealed against. It adjudicates in cases brought before it by citizens or associations, by Member States against one another, by Member States against the EU institutions and vice versa, and by EU institutions against one another. The Court consists of one judge from each Member State and nine advocate generals, who prepare the cases. They are divided into chambers.
The Court is only responsible for first pillar (supra-national) issues and is therefore officially called the European Community Court. Under the Treaty of Nice the Court gained competence in some Justice and Home Affairs and may now be called the EU Court. The Court has been a major influence in interpreting the treaties in ways that have effectively extended EU competence to the widest possible extent. In 1964, in the Costa vs. Enel case, it decided that EU law must over-ride (have primacy over) national law. In 1970, in the Internationale Handelsgesellschaft and Simmenthal cases it decided that EU law also over-rides (has primacy over) national constitutions.
Notes
It has a lower court, the Court of First Instance, to which cases concerning competition policy, staff disputes and certain other cases are delegated.
The future
If the Charter of Fundamental Rights is made legally binding, as proposed in the draft Constitution, the Court will become a rival to the Human Rights Court in Strasbourg, for both will be dealing with human rights issues.Links
http://curia.eu.int/