THE COURT of JUSTICE of the EUROPEAN UNION Ensuring the Protection of EU Law
Total Page:16
File Type:pdf, Size:1020Kb
THE COURT OF JUSTICE OF THE EUROPEAN UNION ensuring the protection of EU law curia.europa.eu THE COURT OF JUSTICE OF THE EUROPEAN UNION ensuring the protection of EU law WELCOME ДOБPE ДOШЛИ BIENVENUE WELKOM BIENVENIDOS DOBRO DOŠLI WITAMY VÍTEJTE FÁILTE BEM-VINDOS VELKOMMEN BENVENUTI BINE AȚI VENIT WILLKOMMEN LAIPNI LŪDZAM VITAJTE TERE TULEMAST SVEIKI ATVYKĘ DOBRODOŠLI KAΛΩΣ HΛΘΑTE ÜDVÖZÖLJÜK TERVETULOA WELCOME MERĦBA VÄLKOMMEN THE EUROPEAN UNION SUOMI SVERIGE EESTI LATVIJA DANMARK LIETUVA ÉIRE NEDERLAND POLSKA DEUTSCHLAND BELGIQUE LËTZEBUERG ČESKÁ REPUBLIKA ÖSTERREICH SLOVENSKO FRANCE MAGYARORSZÁG SLOVENIJA HRVATSKA ROMÂNIA БЪЛГАРИЯ ESPAÑA ITALIA PORTUGAL ΕΛΛAΔΑ ΚYΠΡΟΣ MALTA THE COURT OF JUSTICE OF THE EUROPEAN UNION: ensuring the protection of EU law 3 THE COURT OF JUSTICE OF THE EUROPEAN UNION The Court of Justice of the European Union, the judicial authority of the European Union, ensures that EU law is interpreted and applied correctly. As part of that mission, the Court of Justice of the European Union: REVIEWS THE LEGALITY OF THE ACTS OF THE EU’S INSTITUTIONS, ENSURES THAT THE MEMBER STATES COMPLY WITH OBLIGATIONS UNDER THE TREATIES, INTERPRETS EU LAW AT THE REQUEST OF NATIONAL COURTS AND TRIBUNALS. THE COURT OF JUSTICE IT COMPRISES THE GENERAL COURT 2 COURTS 4 THE COURT OF JUSTICE OF THE EUROPEAN UNION: ensuring the protection of EU law THE COURT OF JUSTICE OF THE EUROPEAN UNION & CITIZENS Many rules of national law stem from EU law and affect the daily lives of citizens: employment, environment, consumer protection, free movement of goods, freedom to provide services, etc. The Court of Justice, together with national courts, which refer questions to the Court, ensures the uniform interpretation of and respect for European Union law. FREE MOVEMENT FREEDOM TO OF GOODS PROVIDE SERVICES ENVIRONMENT 40 406 EU LAW CONSUMER JUDGMENTS AND ORDERS DELIVERED PROTECTION EMPLOYMENT More than 40 000 judgments and orders have been delivered by the two LAW courts since 1952. 1952 2020 THE COURT OF JUSTICE OF THE EUROPEAN UNION: ensuring the protection of EU law 5 COMPOSITION OF THE COURT OF JUSTICE FOR EACH MEMBER STATE FOR A RENEWABLE 1 JUDGE TERM OF SIX YEARS VICE- PRESIDENT PRESIDENT 3 YEARS THE JUDGES ELECT THE PRESIDENT AND VICE-PRESIDENT FROM AMONG THEIR NUMBER FOR A RENEWABLE TERM OF THREE YEARS ADVOCATES The Court of Justice is composed of 27 Judges (one per GENERAL Member State) and 11 Advocates General. The Judges and the Advocates General are appointed by common accord 11 of the Member States for a renewable term of six years. The Judges elect the President and Vice-President from FOR A RENEWABLE TERM OF SIX YEARS among their number for a renewable term of three years. They act entirely impartially and independently. 6 THE COURT OF JUSTICE OF THE EUROPEAN UNION: ensuring the protection of EU law THE GENERAL COURT OF THE EUROPEAN UNION FOR EACH MEMBER STATE FOR A RENEWABLE TERM OF 2 JUDGES SIX YEARS VICE- PRESIDENT PRESIDENT 3 YEARS THE JUDGES ELECT THE PRESIDENT AND VICE-PRESIDENT FROM AMONG THEIR NUMBER FOR A RENEWABLE TERM OF THREE YEARS THE GENERAL COURT HAS JURISDICTION TO HEAR ACTIONS BROUGHT BY NATURAL OR LEGAL PERSONS AGAINST ACTS OF THE EUROPEAN UNION INSTITUTIONS Since 1 September 2019, the General Court has 2 Judges Over time, the General Court has become competent to per Member State. The Judges are appointed by common hear cases at first instance brought by natural or legal accord of the Member States for a renewable term of six persons and some cases brought by EU institutions (with years. The Judges elect the President and Vice-President the exception of those specifically reserved for the Court from among their number for a renewable term of of Justice) in more than 40 subject areas (competition, three years. They carry out their tasks with complete intellectual property, environment, health, agriculture, impartiality. external relations, EU staff cases, public procurement, access to documents, institutional law, and banking and finance). The judgments of the General Court can be appealed, on points of law only, before the Court of Justice. THE COURT OF JUSTICE OF THE EUROPEAN UNION: ensuring the protection of EU law 7 PUBLIC HEARINGS CASES ARE HEARD IN OPEN COURT JUDGES MAY PUT TO THE QUESTIONS PARTIES ADVOCATE GENERAL (in cases before the Court of Justice) VISITORS MAY ATTEND THE PUBLIC HEARINGS WHICH ARE HELD DURING COURT TERMS Cases are heard in open court, before the Judges and As a general rule, they take place on Tuesdays, Wednesdays Advocate General who may put questions to the parties. and Thursdays and start at 9.30. The length of hearings can vary depending on the case. 8 THE COURT OF JUSTICE OF THE EUROPEAN UNION: ensuring the protection of EU law VISITORS MAY ATTEND THE PUBLIC HEARINGS CASES ARE HEARD IN OPEN COURT ADVOCATES GENERAL’S OPINIONS THE ADVOCATE GENERAL IS A MEMBER OF THE COURT OF JUSTICE BUT IS NOT A PARTY TO THE DELIBERATION ADVOCATE THE COURT GENERAL OF JUSTICE DELIVERS AN OPINION The Advocate General is a Member of the Court of Justice The Court is not required to follow that Opinion. but does not take part in the deliberations. If the case raises no new question of law, the Court may The Advocate General participates in the hearing and decide to give judgment without an Opinion. some weeks later delivers an Opinion. In that Opinion, the Advocate General suggests to the Court, entirely independently, a solution to the dispute. 10 THE COURT OF JUSTICE OF THE EUROPEAN UNION: ensuring the protection of EU law THE JUDGES ALSO MEET IN THE CONFERENCE ROOMS TO DELIBERATE AND DECIDE ON JUDGMENTS GRAND CONFERENCE ROOM THE GENERAL MEETING OF THE COURT OF JUSTICE TAKES PLACE IN THE GRAND CONFERENCE ROOM JUDGES ADVOCATES THE GENERAL ASSIGNS MEETING OF EACH CASE GENERAL THE COURT TO A FORMATION OF THE OF JUSTICE COURT AND DECIDES ON ANY MEASURES OF INQUIRY THE REGISTRAR Every week, the General Meeting of the Court of Justice The Judges also meet in the conference rooms to deliberate (including Judges, Advocates General and the Registrar) and decide on judgments. Since those deliberations are takes place in the Grande Salle des délibérés (Grand secret, the Judges meet on those occasions without Conference Room). The General Meeting decides the interpreters or other colleagues. formation of the Court to which each case will be assigned and decides on any measures of inquiry. THE JUDGES ALSO MEET IN THE CONFERENCE ROOMS TO DELIBERATE AND DECIDE ON JUDGMENTS THE COURT OF JUSTICE OF THE EUROPEAN UNION: ensuring the protection of EU law 13 DELIVERY JUDGMENTS ARE OPEN DELIVERED IN COURT THEY ARE AVAILABLE IN ALL OFFICIAL EU LANGUAGES ON THE COURT’S WEBSITE ON THE DAY OF DELIVERY curia.europa.eu Judgments and Advocate Generals’ opinions are available on the Curia website on the day of their delivery. They are, in the majority of cases, subsequently published in the Reports of cases. More than 35 000 documents, all language versions included, were accordingly published in the Reports in 2020. 14 THE COURT OF JUSTICE OF THE EUROPEAN UNION: ensuring the protection of EU law THE COURT REGISTRIES The registries are responsible for pending case files and The registries of the Court and the parties correspond the register in which all procedural acts are noted. via a computer application, e-Curia, which enables the secure electronic filing and transmission of procedural The registries are the starting point at their respective documents, providing litigants and the EU’s courts with courts for any case and the contact point for parties an effective and efficient service. during the case. The registries help the Judges in the daily administration of EU law. e-cur a text outlines | colours THE COURT OF JUSTICE OF THE EUROPEAN UNION: ensuring the protection of EU law 15 outlines | bw outlines | colours | dark bgr outlines | bw| dark bgr 2018 September RESEARCH AND DOCUMENTATION ASSISTS THE TWO COURTS RESEARCH AND DOCUMENTATION COURT GENERAL DIRECTORATE OF JUSTICE COURT CASE-LAW RESEARCH TOOLS PUBLIC The Research and Documentation Directorate provides It also contributes in making case-law and European the two courts with information about the national law Union law public through research tools available on the of the Member States. CVRIA website (curia.europa.eu) It carries out research and legal analysis to assist the two courts in their judicial work. 16 THE COURT OF JUSTICE OF THE EUROPEAN UNION: ensuring the protection of EU law LANGUAGE ARRANGEMENTS – LEGAL TRANSLATION LANGUAGE SUPPORT 23 UNITS 3 UNITS MULTILINGUALISM LANGUAGE IN PRACTICE 552 COMBINATIONS PAGES TRANSLATED 1 170 000 IN 2020 23 language units and an Irish-language team are divided The lawyer-linguists of the units mainly translate into 2 directorates for legal translation. The language procedural documents, Opinions and judgments. The units, supported by 3 units that provide support across the translation of these documents into all of the EU’s official entire service, along with the Interpretation Directorate, languages reflects the principle of equal access to justice contribute to the implementation of multilingualism, a for all EU citizens. fundamental value of the European Union. THE COURT OF JUSTICE OF THE EUROPEAN UNION: ensuring the protection of EU law 17 LANGUAGE ARRANGEMENTS – INTERPRETING TO ENSURE THAT ALL CITIZENS HAVE EQUAL ACCESS TO JUSTICE ANY ONE OF THE EU’S 24 24 OFFICIAL LANGUAGES CAN OFFICIAL LANGUAGES BE USED AS THE 1LANGUAGE OF THE CASE THE PUBLIC HEARING IS HELD IN THIS LANGUAGE OF PROCEDURE AND THOSE OF THE DIRECTION INTERVENING MEMBER STATES. SIMULTANEOUS DE L'INTERPRÉTATION INTERPRETATION IS PROVIDED INTO ANY OFFICIAL COUR DE JUSTICE DE L’UNION EUROPÉENNE LANGUAGE AS REQUIRED.