The European Court of Justice - PowerPoint PPT Presentation

Loading...

PPT – The European Court of Justice PowerPoint presentation | free to download - id: 56919d-NWU4N



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

The European Court of Justice

Description:

Title: The European Court of Justice Author: PFZ Last modified by: PFZ Created Date: 1/11/2009 2:22:07 PM Document presentation format: On-screen Show (4:3) – PowerPoint PPT presentation

Number of Views:517
Avg rating:3.0/5.0
Slides: 16
Provided by: PFZ3
Learn more at: http://www.pravo.unizg.hr
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: The European Court of Justice


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
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 EUs 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 EUs budget, jointly with the
  • European Parliament
  • 5. to develop the EUs 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
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 proracuna
  • okvirni ugovor
  • povecanje ucinkovitosti prava Europske zajednice
  • ugradnja prava Europske unije u pravne sustave
    Zemalja clanica
  • odlucivati u Vijecu
  • pravilna podjela ovlasti izmedu Zemalja clanica i
    Zajednice
  • materijalno pravo
  • doznaciti s nacionalnog suda
About PowerShow.com