Belgian Presidency of the Council of the European Union

The Court of Justice has been in existence since the beginning of European integration. The Court is competent in questions and disputes relating to European law between European Institutions, Member States, individuals and legal entities.

Role

The Court of Justice adjudicates on the proper application and implementation of European legislation by the Member States. When the European Commission believes that a Member State is failing to comply with its obligations under the Treaties, it can issue an opinion. The Member State is then given a period of time in which to comply with the opinion. If the Member State fails to do so, however, the Commission can initiate proceedings against it at the Court of Justice. If the Court shares the Commission’s opinion, it can fine the Member State in question.

The Court of Justice is also entitled to declare legislative acts from the European Institutions invalid, and it can sanction the Institutions when they fail to take a decision.

The Court of Justice is also tasked with providing unambiguous interpretations of the provisions of the Treaties, with the aim of preventing all the Member States from interpreting European law differently. By tackling this issue at European level, the EU avoids the situation where two national judges could provide different interpretations of the same rule. It is for that reason that every national legal body has the power to file a reference for a preliminary ruling to the Court of Justice. This means that the national court submits questions to the Court of Justice concerning the scope of specific provisions of the Treaties or legislative acts. Even the supreme legal bodies in the Member States are required to file references for a preliminary ruling from the Court of Justice.

The General Court – formerly known as the Court of First Instance – originated under the Single European Act of 1986, with the aim of reducing the workload of the Court of Justice. The General Court’s powers include ruling at first instance on proceedings and appeals initiated by individuals, businesses and organisations.

In practice

The Court of Justice consists of 27 members, one from each Member State. This means that all the different legal systems of the European Union are represented. The members are appointed for a renewable term of six years.

The Court of Justice, too, currently has 27 judges, who are likewise appointed for renewable six-year terms. Both the Court of Justice and the General Court are presided over by a President, both of whom are elected for renewable three-year terms.The number of judges in a given case depends on the importance and impact of the case. The plenary sitting, the Grand Chamber, only sits in very exceptional cases.

The Court of Justice handles around 600 cases a year. It takes roughly a year and a half to conclude a case. The judgments of the Court of Justice and the General Court are binding.

Want to know more about the Court of Justice of the European Union ?