Dr Basak Kale. EU law. ECJ.


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.




About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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