European Court of Justice

File:Palais de la Cour de Justice CJEU March 2023 Sign, Towers C,B and A and the Anneau buiding.jpg

Palais de la Cour de Justice CJEU March 2023 Sign, Towers C,B and A and the Anneau buiding

Massimo Pilotti 1927

André Donner (1971)

Robert Lecourt en 1948

Vassilios Skouris (cropped)

Koen Lenaerts (cropped)

European Court of Justice

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The European Court of Justice (ECJ) is the supreme court of the European Union (EU) in matters of European Union law. It is tasked with interpreting EU law and ensuring its equal application across all EU member states. The ECJ is one of the institutions of the EU and is based in Luxembourg City, Luxembourg.

History

The ECJ was established in 1952 as part of the Treaty of Paris (1951), which created the European Coal and Steel Community (ECSC). It was later incorporated into the Treaty of Rome (1957), which established the European Economic Community (EEC) and the European Atomic Energy Community (Euratom). The ECJ's role and powers have expanded significantly with subsequent treaties, including the Treaty of Maastricht, the Treaty of Amsterdam, the Treaty of Nice, and the Treaty of Lisbon.

Structure

The ECJ is composed of 27 Judges, one from each EU member state, and 11 Advocates General. The Judges and Advocates General are appointed by common accord of the governments of the member states for a renewable term of six years. The President of the Court is elected by and from among the Judges for a renewable term of three years.

Jurisdiction

The ECJ has jurisdiction over cases involving:

• Preliminary rulings, where national courts ask the ECJ to interpret EU law.
• Infringement proceedings, where the European Commission or a member state brings a case against another member state for failing to comply with EU law.
• Actions for annulment, where an individual, company, or EU institution challenges the legality of an EU act.
• Actions for failure to act, where an EU institution is accused of failing to make a decision required by EU law.
• Appeals from the General Court (European Union).

Functioning

The ECJ ensures that EU law is interpreted and applied uniformly across all member states. It hears cases in chambers of three, five, or fifteen Judges, depending on the complexity and importance of the case. The Advocates General provide independent opinions on cases, which are not binding but are often influential.

Notable Cases

Some of the landmark cases decided by the ECJ include:

• Van Gend en Loos v Nederlandse Administratie der Belastingen (1963), which established the principle of direct effect.
• Costa v ENEL (1964), which established the supremacy of EU law over national law.
• Cassis de Dijon (1979), which established the principle of mutual recognition.

Related Pages

• European Union
• General Court (European Union)
• European Commission
• Treaty of Lisbon
• Supremacy of European Union law
• Direct effect

See Also

• Court of Justice of the European Union
• European Court of Human Rights
• European Economic Area