Court of Justice of the European Union

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  • Court of Justice of the European Union
    • Role
      • Ensures that EU legislation is applied and interpreted consistently
        • Making sure states uphold their obligations
      • Hears cases brought by
        • Businesses
        • Individuals
        • EU institutions
      • Has power to issue sanctions and can settle disputes
      • 2 main functions: Judicial and SUpervisory
      • Decides cases by majority (not precedent)
    • Members
      • 1 judge
        • 8 advocate generals
        • For 6 years
      • Rarely sits a full court = 28 judges
        • Grand chambers = 13 judges
        • Chambers = 3 / 5 judges
      • 1988 - Assisted by Court of first instance
        • Help cope with volume of cases
    • Judicial
      • Hears disputes against member states and cases against EU institutions
        • (1979)RE: Tachograph
        • If found at fault, state has to change their practice
          • May be fined
      • Usually referred by EC
    • Supervisory
      • Ensures EU law is consistently applied in all states
      • If national courts are in doubt about interpretation/validity they ask CJEU for advice
        • Advice is given via a 'preliminary ruling'
          • Ruling is used as a guidance
          • Should only be done if if necessary to allow the national court to give a ruling
        • Generally highest court in state should only refer
        • Courts should take into account:
          • CJEU already made judgement on the meaning
          • If the point is clear
          • Circumstances of the case
            • Overloading, expenses
        • (1974)Bulmer V Bollinger
          • Laid down guidelines of referal

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