1. The European Court of Justice
UNIT 27

2. Institutions of the EU The European Parliament The European Council
The European Commission
The European Court of Justice
The European Court of Auditors

3. The European Parliament
legislative branch of the EU (together with
the Council)
elected by the citizens of the European Union to represent their interests
elections are held every 5 years, every EU citizen is entitled to vote and to stand as a candidate (next elections 2009)
Based in Brussels (Belgium), Luxembourg and Strasbourg (France)
3 main roles of the Parliament
1. Passing European laws (jointly with the Council in many
political areas)
2. Democratic supervision over the European Institutions
(particularly the Commission)
3. The power of the purse (shares with the Council the authority
over the EU budget)

4. Flags of the EU member states
The European Council
legislative branch of the EU (together with the Parliament)
EU's main decision-making body; represents the member states; meetings are attended by one minister from each of the EU’s national governments
Six key responsibilities of the Council:
1. to pass European laws – jointly with the European
Parliament in many policy areas.
2. to co-ordinate the broad economic policies of the
member states.
3. to conclude international agreements between the
EU and other countries or international
organizations.
4. to approve the EU’s budget, jointly with the
European Parliament
5. to develop the EU’s Common Foreign and Security
Policy based on guidelines set by the European Council.
6. to co-ordinate co-operation between the national
courts and police forces in criminal matters
Flags of the EU member states

5. The European Commission
executive branch of the EU
independent of national governments
represents and upholds the interests of the EU as a whole
a new Commission appointed every five years within six months of the elections to the Parliament
appointed Members known as ‘commissioners’
4 main roles:
1. to propose legislation to Parliament and the Council;
2. to manage and implement EU policies and the budget;
3. to enforce European law (jointly with the Court of Justice);
4. to represent the European Union on the international stage, for example by negotiating agreements between the EU and other countries
José Manuel Barroso heads the EU executive as President of the European Commission

6. The Court of Auditors
The European Court of Auditors, Luxembourg
NO judicial power - BUT financial and budgetary supervision
established in 1975 by the Budgetary Treaty in Luxembourg
Its AIM is - to ensure that the taxpayers get maximum value for their money (has the right to audit any person or organisation handling EU funds)
THE MAIN ROLES OF THE COURT:
checks that EU funds (which come from the taxpayers) are properly collected and spent legally, economically and for the intended purpose
gives its opinion on proposals for EU financial legislation and for EU action to fight fraud
- approximately 800 staff, including translators, administrators and auditors;

7. THE EUROPEAN COURT OF JUSTICE (ECJ)
the highest court of the European Union
ultimate say in matters of Community Law
established under the ECSC Treaty in 1952 by the Treaty of Paris for the European Coal and Steel Community
based in Luxembourg
assisted by a lower court
- the COURT OF FIRST INSTANCE
The Court of Justice of the European Communities, Luxembourg

8. THE MAIN FUNCTIONS of the COURT
it makes sure that
EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone (e.g. it ensures that national courts do not give different rulings on the same issue)
EU member states and institutions do what the law requires

9. (one judge per member state)
Composition of the ECJ
27 JUDGES
(one judge per member state)
The Court sits in CHAMBERS
A) FULL COURT (including Advocates General) – exceptional cases provided for by the Treaty
B) ‘Grand Chamber’ of 13 Judges – complex or important cases
C) chambers of 5 or 3 Judges
8 ADVOCATES GENERAL
(assist the court)
present reasoned opinions on the cases brought before the Court (they must do so publicly and impartially)
given opinions are not binding for judges
5 nominated by the five big members of the EU, other 3 rotate in alphabetical order between smaller member states
appointed to the Court of Justice by joint agreement between the governments of the EU member states for a renewable term of six years

10. THE JURISDICTION
Acts as a constitutional court - adjudicates on matters of constitutional significance (eg. proper division of powers between the States and the Community, extent of powers of the EU institutions
Varying matters of substantive law (from competition policy to social policy, agriculture, transport etc.)
Appelate court
Supreme administrative court

11. What does the Court do? gives rulings on cases brought before it
The five most common types of case are:
references for a preliminary ruling;
actions for failure to fulfil an obligation;
actions for annulment;
actions for failure to act;
appeals
reviews

12. Who can bring an action before the ECJ?
The Court has the power to settle legal disputes between
EU member states,
EU institutions
companies and individuals
different parties in cases concerning a wide range of issues referred from national courts

13. The Court of First Instance
created in 1988, attached to the ECJ; also one judge from each EU country
PURPOSE
– to help the Court of Justice cope with the large number of cases brought before it, and
- to offer citizens better legal protection
Gives rulings on
A) certain kinds of case, particularly actions brought by private individuals, companies and some organizations, and
B) cases relating to competition law and trade law
The EU Civil Service Tribunal – attached to the Court of First Instance
adjudicates in disputes between the European Union and its civil service

14. THE EUROPEAN COURT OF JUSTICE
Skim the text on the European Court of Justice and put the following paragraph headings in the right order.
__ The Composition of the Court
__ The Principal Institutions of the European Union
__ The Role of the Court in Developing Community Law
__ The Jurisdiction of the Court
__ The Powers and Functions of the European Court of
Justice
__ The Main Concerns of the Court during the
Integration Process

15. Find English equivalents for the following Croatian legal terms.
povjeriti zadatak
Revizorski sud
revizor
presuditi/donijeti presuda
Prvostupanjski sud
nadzor proračuna
okvirni ugovor
povećanje učinkovitosti prava Europske zajednice
ugradnja prava Europske unije u pravne sustave Zemalja članica
odlučivati u Vijeću
pravilna podjela ovlasti između Zemalja članica i Zajednice
materijalno pravo
doznačiti s nacionalnog suda