Court of Justice of the European Union
- Created by: HollyACook
- Created on: 02-05-17 23:47
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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)
- Ensures that EU legislation is applied and interpreted consistently
- 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
- 1 judge
- 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
- Hears disputes against member states and cases against EU institutions
- 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
- Advice is given via a 'preliminary ruling'
- Role
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