The European Court of Justice

The European Court of Justice (ECJ) is one of the most important institutions within the European Union (EU). It serves as the judicial authority of the EU and plays a key role in ensuring the uniform application and interpretation of EU law across member states. The ECJ’s role extends beyond simply resolving disputes; it shapes the development of EU law and ensures that the legal framework of the Union is consistent and coherent across different jurisdictions.

1. Background and Structure of the European Court of Justice

Establishment: The ECJ was established in 1952 by the Treaty of Paris, which created the European Coal and Steel Community (ECSC). It later became a part of the Treaty of Rome (1957) that established the European Economic Community (EEC), the precursor to the modern EU. The ECJ has its seat in Luxembourg.
Composition: The ECJ consists of two main components:
- The Court of Justice: The full court, which comprises one judge from each member state (currently 27 judges, one per member state), is responsible for the overall supervision and interpretation of EU law. This court is primarily concerned with the interpretation of EU treaties and disputes related to the functioning of the Union.
- The General Court: Initially known as the Court of First Instance, it deals primarily with cases related to competition law, state aid, and intellectual property, among other areas. It also hears actions brought by individuals or companies seeking to challenge decisions of the EU institutions. The General Court has a smaller number of judges (currently 47 judges, distributed among the member states).

The President of the ECJ is responsible for the overall management and direction of the Court’s activities. The judges are appointed by mutual agreement between the governments of the EU member states for a renewable term of six years. In addition to the judges, the Advocates General are also a key component of the ECJ. These legal experts assist the Court by providing non-binding opinions or “Advocates General Opinions” on cases, which are highly regarded but not binding on the final judgment.

2. Role and Functions of the European Court of Justice

The ECJ’s primary function is to ensure the proper application and interpretation of EU law. Some of the key roles and functions include:

Interpretation of EU Law: One of the ECJ’s core functions is to interpret EU law in a manner that ensures its uniform application across all member states. When national courts encounter difficulties in interpreting EU law or when there are inconsistencies in the application of EU law, they may refer cases to the ECJ through the preliminary ruling procedure. This ensures that the legal principles of the EU are consistently applied throughout the Union. The ECJ’s interpretations help resolve ambiguities in EU legislation and set legal precedents that guide future cases.
Judicial Review of EU Acts: The ECJ has the power to review the legality of acts adopted by EU institutions. This includes evaluating the legality of regulations, directives, decisions, and acts of the European Central Bank or European Investment Bank. If a member state or another EU institution believes that an act exceeds the powers granted to the EU by its founding treaties, it can bring a case before the Court for review. This ensures that the EU operates within the bounds of the powers conferred to it by the member states.
Ensuring Member State Compliance: The ECJ ensures that EU member states comply with their obligations under EU law. If a member state is found to be in breach of EU law, the European Commission can bring a case before the Court. The ECJ has the power to impose penalties on member states that fail to comply with its rulings, ensuring the legal integrity of the Union.
Protection of Fundamental Rights: The ECJ plays an important role in protecting the fundamental rights of individuals within the EU. It does so by interpreting EU legislation in a way that respects individual rights, such as those guaranteed under the Charter of Fundamental Rights of the European Union. For example, the ECJ has issued rulings on issues such as privacy, freedom of movement, anti-discrimination, and freedom of expression, ensuring that EU policies and laws align with core human rights standards.
Dispute Resolution: The ECJ also resolves disputes between EU institutions, member states, and private individuals or corporations. These disputes often concern the interpretation and application of EU regulations, such as competition law or state aid rules. For example, the Court has dealt with cases related to trade barriers, internal market regulations, and environmental laws, among other issues.

3. Key Procedures and Jurisdictions

The ECJ deals with cases through several key procedures:

Preliminary Rulings: The most important procedure for the interpretation of EU law is the preliminary ruling procedure. National courts can refer questions to the ECJ when they are uncertain about the interpretation or validity of EU law. The ECJ’s rulings are binding on national courts and ensure that EU law is applied consistently across member states.
Infringement Proceedings: The European Commission may bring infringement proceedings against a member state before the ECJ if it believes that the state has failed to fulfill its obligations under EU law. If the ECJ rules in favor of the Commission, the member state may be required to take corrective action or face financial penalties.
Actions for Annulment: Any member state, EU institution, or individual directly affected by an EU law may bring an action before the ECJ to annul an EU act that is believed to be illegal. The ECJ will evaluate the legality of the act based on whether it adheres to the EU’s founding treaties and legal principles.
Appeals: Decisions of the General Court can be appealed to the Court of Justice, but only on grounds of legal error. This ensures that the interpretation of EU law is consistent and unified across all levels of the Court.

4. Influence of the ECJ on EU Integration and Law

The ECJ has played a crucial role in the development of EU integration and the creation of a “European legal order.” Through its judgments, the ECJ has significantly influenced the evolution of EU law and has contributed to deepening the integration process. Some landmark decisions, such as Van Gend en Loos (1963) and Costa v. ENEL (1964), established foundational principles like direct effect and supremacy of EU law, which are central to the functioning of the EU legal system.

Moreover, the ECJ has been instrumental in promoting the free movement of goods, services, capital, and people across the EU, ensuring that these freedoms are not hindered by national laws or policies that contradict EU rules. Its jurisprudence has also facilitated the expansion of the single market and contributed to harmonizing regulations and policies across member states.

5. Criticisms of the ECJ

While the ECJ is highly regarded for its role in promoting EU integration and enforcing EU law, it has faced criticism on several fronts:

Judicial Activism: Some critics argue that the ECJ engages in judicial activism by interpreting EU law in ways that go beyond the intentions of the EU’s founding treaties. Critics claim that the Court’s rulings sometimes lead to political consequences that should be left to the discretion of elected bodies like the European Parliament or Council of the European Union.
Lack of Accountability: Another criticism is the perceived lack of accountability of the ECJ. Unlike national courts, the ECJ is not directly elected and has significant power to shape EU law without the same level of scrutiny or oversight that national judicial systems may face.
Impact on National Sovereignty: Some member states, particularly those with strong national legal systems, have expressed concerns that the ECJ’s supremacy may undermine their sovereignty by overriding national laws.

Conclusion

The European Court of Justice is central to the functioning of the EU and plays a pivotal role in maintaining the legal coherence of the Union. Through its interpretations and rulings, it ensures the effective application of EU law across member states, contributing to the legal integration of Europe. Despite criticisms, its role in advancing the rule of law, protecting individual rights, and promoting EU integration remains indispensable. The ECJ’s jurisprudence will continue to shape the development of EU law and contribute to the overall cohesion of the Union.