what does the ECJ do?
constitutionalism in ECJ
preliminary reference procedure.
After Lisbon ECJ is supposed to be the C J of E U.
ECJ has a critical role. evolved.
ECJ pushed supra nationalism
court has judges and advocates general
one judge per member states. 28
there are different number of judges in a chamber. always an odd number
advocates general prepare the cases
each state proposes a judge. they need a good reputation. no doubt about impartiality
critical issue is that they are capable. they should be multilingual
ECJ is supra national. promotes EU advantage
immune from any public or private influence
can have political or financial repercussions
there is no appeal mechanism
.there is a civil service tribunal
there is a court of first instance
if you are dissatisfied with CFI one can use ECJ as a higher court
ECJ is in treaties.
ECJ is CFI are to ensure interpretation and application of treaties are observed
uniform application of EU law is needed
two roles. provides a forum for resolving disputes between member states and individuals or companies
between EU institutions and member states
has a function to protect rights
keep in mind that rights are protected by ECJ
ECJ takes action against member states for failing to honour a treaty obligations. The ECJ takes action
action against institutions for abuse of power
against failure to act.
action against those responsible for a loss..
references for member states. preliminary ruling
apply EU law to courts of member states
if any judge does wrong he or she may be removed
community law comes to domestic courts through regulations and directives or decisions
a case comes to a national court. judge is unsure if this is community law or if the law needs to be interpreted a certain way
the judge can refer that issue to ECJ
ECJ gives a preliminary ruling not a final one.
they give guidance. they provide an explanation. national judge then uses it
this is critical.