Court of Justice of the European Union
The Court of Justice of the European Union is one of the seven institutions of the European Union (Article 19 TEU). Since the entry into force of the Treaty of Lisbon, the whole of the EU court system is called the Court of Justice of the European Union.
The judicial system of the European Union consists of the following independent courts:
- The European Court of Justice (ECJ ),
- The Court of the European Union (CFI; earlier (European ) Court of First Instance called ) and
- The specialized courts.
So far the only specialized court, the Court of the Civil Service of the European Union.
Tasks
The main task of the Court of Justice of the European Union ( ie the entire court system ) is in accordance with Article 19 of the EU Treaty, " the law is observed in the interpretation and application of the Treaties ". At this task, the EU Member States work with, since they have to create the necessary legal remedies within their jurisdiction, so that the citizens of their rights arising from EU law, to enforce before the national courts.
Infringement proceedings
The infringement procedure is governed by Articles 258-260 TFEU. According to this method, both the European Commission (so-called regulatory action, Article 258 ) and the Member States (so-called State action, Article 259) can claim breach of a member state of EU law claims.
The measures introduced by the Commission infringement procedures play an important role in the maintenance of the Union legal order (or formerly the Community legal order ). The Commission is required in principle as guardian of the Treaties, to take action against objective violations of EU law by the Member States. When danger or already occurred infringement, the Commission must initiate the process immediately, but may first try to reach an amicable settlement through negotiations. The process itself is divided into a pre-trial and court proceedings:
- In the preliminary, the Commission may, under the supervision of action set a reminder and a subsequent reasoned opinion to the Member State concerned. Against this, the Member State may, in turn, defend or eliminate the infringement. In the lawsuit states that an applicant Member State under Article 259 TFEU, the Commission must deal. These are then before adopting its detailed opinion, the participating Member States the opportunity to comment in an adversarial procedure. If the Commission within three months of the date on which the matter has been made, no opinion, may be instituted before the Court, notwithstanding the absence of such opinion.
- The legal process is initiated by action. These can be introduced, if the Member State of the reasoned opinion of the Commission does not comply. Subsequently, the ECJ decides on the question whether the State from which the EU Treaties in violation and what steps he must take to remedy the infringement (Article 260 paragraph 1 TFEU).
The extra-judicial pre-trial is therefore basically admissibility condition for bringing an action before the European Court of Justice. It is used to ascertain the facts and the formal consultation of the Member State. Pre-litigation and legal proceedings must have the same subject-matter, so that already confines the final written warning the subject matter of any future proceedings.
After a claim is filed, the Court shall decide by a judgment, whether the Member State is in breach of EU law. Affirmed by the Court this question, the Member State concerned shall take the necessary measures to comply with the judgment of the Court. Has then the Commission considers that the Member State has not taken the necessary measures in accordance with the Court's ruling, she invites him to submit comments. Follow the Member State still not the judgment of the Commission's opinion, it is this over again a reasoned opinion in which it lists, points on which the Member State the ECJ ruling does not comply, and set a deadline for the implementation of required action. If the Commission, the Member State also fails to do so within the prescribed time limit, it may bring the case again referred to the ECJ which a penalty in the form of fines and / or may impose periodic penalty payments, which appears appropriate to do so in individual cases (Article 260 TFEU, so-called second infringement procedure ).
Preliminary ruling procedure
Through a preliminary ruling under Article 267 TFEU to safeguard the uniform application and validity of EU law should be ensured. National courts may request the Court of Justice preliminary questions on the interpretation of EU law or the validity of secondary legislation here. Decides the national court of last instance, it is obliged to submit. The question must be of considerable importance for decision, thus have an impact on the tenor. The original obligation is not required if the question has already experienced a secure jurisdiction of the ECJ in the sense of acte clair theory. If a national court violated the duty of presentation, this may constitute a denial of justice. In the Federal Republic of Germany may be a violation of the judicial grant claim (Justice fundamental right ) under Article 101 of the Basic Law be declared under a constitutional complaint with the Federal Constitutional Court.
Action for annulment
With the annulment (also legal challenge ), pursuant to Articles 263 and 264 TFEU, the institutions and other bodies are monitored (eg agencies ) of the European Union. Member States, institutions of the European Union and natural or legal persons can be determined by action that an act is unlawful. Individual persons must be directly and individually concerned in order to gain legal standing. The complaint shall be filed in accordance with Article 263, paragraph 6 of the TFEU within a period of two months. According to Article 256 TFEU usually decide the European Court in the first and the European Court of second instance.
After the French model, only certain exhaustively listed contesting reasons ( " cas d' ouverture " ) are permitted (Art. 263 para 2 TFEU): lack of competence, infringement of an essential procedural requirement, infringement or violation of any other source of law of the Union and misuse of power. The plaintiff must does not explicitly invoke one of these pleas, but its application must demonstrate the alleged defect with facts and " reveal " at least the ground for rescission.
For revocation actions, which are directed against a not for the institutions of the European Union counting device, ( the European Commission, such as the obligation before an action to deal with the matter ), in the articles of association, a pre-trial be provided.
Failure to act
Through a failure to act under Article 265 TFEU can be found that have it (eg agencies ) refrain European Council, Council, Commission, Parliament, European Central Bank or not to the organs associated body of the European Union, a certain act to adopt. Action are open to all Member States, the institutions of the European Union and under certain conditions even individual people. According to Article 256 TFEU usually decide the European Court in the first and the European Court of second instance.
Official liability or action for damages
With an official liability or action for damages under Article 268 TFEU, a compensation can be claimed, caused by unlawful actions of the European Union or its organs. The competent courts of the European Union to decide under Article 340, paragraph 2 and 3 of the TFEU " according to the general principles of law that are the legal systems of the Member States". The action is permitted only in the area of tort liability.
In the area of contractual liability 1 TFEU apply after Article 340 para the national legislation applicable to the contract. The Courts of the European Union to decide on these matters in accordance with Article 272 TFEU only if this is provided for in an arbitration clause. If such an arbitration clause is not completed, so decide in accordance with Article 274 TFEU, the courts of the Member States.
According to Article 256 TFEU usually decide the European Court in the first and the European Court of second instance.
Procedures relating to public service
In accordance with Article 270 TFEU, the courts decide on disputes between the European Union and its institutions on the one hand and their officials and other servants on the other. The detailed provisions meet the Staff Regulations and the Conditions of Employment of the European Union. According to Article 256 TFEU, the court decides the Civil Service of the European Union in the first and the European Court of second instance. Following an application of the first Advocate General of the European Court, the European Court of Justice may review the judgment of the European Court.
Special
During the process of performance of the duties of Justice of the European Union, or had some special features.
Common Foreign and Security Policy
In the area of common foreign and security policy, the Courts of the European Union have little expertise, as commemorated by the Lisbon Treaty did not change. Only against restrictive measures imposed by the Council of the European Union, affected persons may bring an action.
Area of security, freedom and justice
Also in the third pillar ( Justice and Home Affairs and Police and judicial cooperation in criminal matters) the powers of the Courts of the European Union were limited. Basically, the general provisions on the powers of the courts since the Treaty of Lisbon apply. But there are still some features:
- The courts of the European Union pursuant to Article 276 TFEU not authorized to rule on the validity or proportionality of police operations (including maintenance of public order and safeguarding internal security ) and other law enforcement activities.
- For the acts that were adopted under the third pillar before the entry into force of the Lisbon Treaty, in force prior to the Lisbon Treaty provisions on jurisdiction of the courts of the European Union continue to apply during a transitional period of five years.