Court of Justice of the European Union

Court of Justice of the European Union
	Emblem of the Court of Justice of the European Union
	; Palais de la Cour de Justice, Luxembourg
Judicial branch overview
Formed	1952
Jurisdiction	European Union and Northern Ireland
Headquarters	Palais de la Cour de Justice, Kirchberg, Luxembourg City, Luxembourg
Child agencies	Court of Justice; General Court; Civil Service Tribunal (2005–2016);

The Court of Justice of the European Union (CJEU) (French: Cour de justice de l'Union européenne or "CJUE"; Latin: Curia^[2]) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the Court of Justice and the General Court.^[3]^[4] From 2005 to 2016, it also contained the Civil Service Tribunal. It has a sui generis court system, meaning 'of its own kind', and is a supranational institution.^[5]

The CJEU is the chief judicial authority of the EU and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the EU member states.^[4] The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies or organisations whose rights have been infringed.^[6]

Composition

The CJEU consists of two major courts:^[7]

the Court of Justice, informally known as European Court of Justice (ECJ), has the competence to hear applications from national courts for preliminary rulings on the interpretation of EU law, direct actions against EU member states for failure to fulfil an obligation, direct actions against EU institutions for annulment and for failure to act, as well as to hear appeals on points of law in rulings and orders of the General Court^[8]. The Court of Justice is composed of one judge from each EU member state (currently 27), assisted by 11 Advocates General. If assigned to a case, an Advocate General prepares an independent, non-binding opinion to assist the court in its deliberations^[9].
the General Court, known prior to the Treaty of Lisbon as the Court of First Instance, has the competence to hear actions brought by natural or legal persons against acts of EU institutions and agencies, actions brought by EU member states against the Commission or Council, actions for damages caused by EU institutions or agencies, actions relating to intellectual property, actions relating to employment and social security disputes between EU institutions and their staff, as well as limited applications from national courts for preliminary rulings^[10]. The General Court is composed of two judges from each EU member state (currently 54),^[11] though only 53 seats are currently filled^[12].

Judges and Advocates General are appointed for a "renewable 6-year term, jointly by national governments".^[13]

Function

The CJEU's specific mission is to ensure that "the law is observed" "in the interpretation and application" of the Treaties of the European Union. To achieve this, it:

reviews the legality of actions taken by the EU's institutions;
enforces compliance by member states with their obligations under the Treaties, and
interprets European Union law.^[4]

The composition and functioning of the courts are regulated by the Rules of Procedure.^[14]

History

The CJEU was originally established in 1951 as a single court called the Court of Justice of the European Coal and Steel Communities. With the Euratom and the European Economic Community in 1957 its name changed to the Court of Justice of the European Communities (CJEC).^[14] In 1988 the Court requested the Commission to create a Court of First Instance and in 2004 it added the Civil Service Tribunal. ^[14] The Civil Service Tribunal are for issues of public employment.

The Treaty of Lisbon in 2009 renamed the court system to the "Court of Justice of the European Union" and renamed the CJEC to the "Court of Justice".

The working language of the Court of Justice of the European Union is French.^[15]

Legal interpretation

The Court of Justice of the European Union embraces the substantive equality interpretation of the European Union anti-discrimination law.^[16]

Notes

^ Under the terms of the Protocol on Ireland/Northern Ireland, concluded as part of the Brexit withdrawal agreement, the CJEU continues to have jurisdiction over the operation of EU law applying to Northern Ireland in relation to customs and the movement of goods, technical regulations, VAT and excise, the Single Electricity Market and State aid, and may hear applications for preliminary rulings made by Northern Irish courts.^[1]

References

^ House of Lords European Union Committee (1 June 2020). 9th Report of Session 2019–21: The Protocol on Ireland/Northern Ireland (Report). House of Lords. p. 65. Archived from the original on 31 January 2021. Retrieved 2 January 2021. The Protocol will also confer full jurisdiction on the CJEU to oversee the operation of EU law applying to Northern Ireland in relation to customs and the movement of goods, technical regulations, VAT and excise, the Single Electricity Market and State aid; including the jurisdiction to hear applications for preliminary rulings submitted by the courts of Northern Ireland. The UK will have the right to participate in these proceedings as if it were a Member State.
^ "Court of Justice of the European Union". curia.europa.eu.
^ Article 19 TEU: The Court of Justice of the European Union shall include the Court of Justice, the General Court and specialised court.
^ ^a ^b ^c "General Presentation". Curia. Europa. Retrieved 23 October 2015.
^ Bordin, Fernando Lusa; Müller, Andreas Th.; Pascual-Vives, Francisco (31 August 2022). The European Union and Customary International Law. Cambridge University Press. p. 50. ISBN 978-1-108-96751-8.
^ "Court of Justice of the European Union (CJEU)". Europa. Retrieved 23 October 2015.
^ "Court of Justice of the European Union (CJEU)". Europa.eu. 16 June 2016. Retrieved 13 March 2017.
^ "Competences of the Court of Justice of the European Union | Fact Sheets on the European Union | European Parliament". www.europarl.europa.eu. 30 April 2024. Retrieved 18 April 2025.
^ Turenne, Sophie (2012). "Advocate Generals' Opinions or Separate Opinions? Judicial Engagement in the CJEU". Cambridge Yearbook of European Legal Studies. 14: 723–744. doi:10.5235/152888712805580309. ISSN 1528-8870.
^ "Competences of the Court of Justice of the European Union | Fact Sheets on the European Union | European Parliament". www.europarl.europa.eu. 30 April 2024. Retrieved 18 April 2025.
^ "Presentation - Court of Justice of the European Union". CURIA. Retrieved 2 September 2024.
^ "Presentation of the Members - Court of Justice of the European Union". CURIA. Retrieved 18 April 2025.
^ Court of Justice of the European Union (CJEU), Composition
^ ^a ^b ^c European Parliament. Directorate General for Parliamentary Research Services. (2016). The role of constitutional courts in multi-level governance: European Union : the Court of Justice of the European Union. LU: Publications Office. doi:10.2861/8. ISBN 9789284602629.
^ "Language arrangements at the Court of Justice of the European Union". Curia. Europa. Retrieved 8 September 2018.
^ De Vos, Marc (2020). "The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law". International Journal of Discrimination and the Law. 20: 62–87. doi:10.1177/1358229120927947.

External links

Official website
Access to documents of the Court of Justice of the EU on EUR-Lex
The archival fonds of the Court of Justice of the European Union is consultable at the Historical Archives of the European Union

49°37′12″N 6°08′22″E / 49.62000°N 6.13944°E / 49.62000; 6.13944

[2] Under the terms of the Protocol on Ireland/Northern Ireland, concluded as part of the Brexit withdrawal agreement, the CJEU continues to have jurisdiction over the operation of EU law applying to Northern Ireland in relation to customs and the movement of goods, technical regulations, VAT and excise, the Single Electricity Market and State aid, and may hear applications for preliminary rulings made by Northern Irish courts.^[1]

[1] House of Lords European Union Committee (1 June 2020). 9th Report of Session 2019–21: The Protocol on Ireland/Northern Ireland (Report). House of Lords. p. 65. Archived from the original on 31 January 2021. Retrieved 2 January 2021. The Protocol will also confer full jurisdiction on the CJEU to oversee the operation of EU law applying to Northern Ireland in relation to customs and the movement of goods, technical regulations, VAT and excise, the Single Electricity Market and State aid; including the jurisdiction to hear applications for preliminary rulings submitted by the courts of Northern Ireland. The UK will have the right to participate in these proceedings as if it were a Member State.

[3] "Court of Justice of the European Union". curia.europa.eu.

[4] Article 19 TEU: The Court of Justice of the European Union shall include the Court of Justice, the General Court and specialised court.

[Curia_-_CJEU_General_Presentation-5] "General Presentation". Curia. Europa. Retrieved 23 October 2015.

[Bordin_Müller_Pascual-Vives_2022_p.-6] Bordin, Fernando Lusa; Müller, Andreas Th.; Pascual-Vives, Francisco (31 August 2022). The European Union and Customary International Law. Cambridge University Press. p. 50. ISBN 978-1-108-96751-8.

[Europa_CJEU_Overview-7] "Court of Justice of the European Union (CJEU)". Europa. Retrieved 23 October 2015.

[8] "Court of Justice of the European Union (CJEU)". Europa.eu. 16 June 2016. Retrieved 13 March 2017.

[9] "Competences of the Court of Justice of the European Union | Fact Sheets on the European Union | European Parliament". www.europarl.europa.eu. 30 April 2024. Retrieved 18 April 2025.

[10] Turenne, Sophie (2012). "Advocate Generals' Opinions or Separate Opinions? Judicial Engagement in the CJEU". Cambridge Yearbook of European Legal Studies. 14: 723–744. doi:10.5235/152888712805580309. ISSN 1528-8870.

[11] "Competences of the Court of Justice of the European Union | Fact Sheets on the European Union | European Parliament". www.europarl.europa.eu. 30 April 2024. Retrieved 18 April 2025.

[12] "Presentation - Court of Justice of the European Union". CURIA. Retrieved 2 September 2024.

[13] "Presentation of the Members - Court of Justice of the European Union". CURIA. Retrieved 18 April 2025.

[14] Court of Justice of the European Union (CJEU), Composition

[:0-15] European Parliament. Directorate General for Parliamentary Research Services. (2016). The role of constitutional courts in multi-level governance: European Union : the Court of Justice of the European Union. LU: Publications Office. doi:10.2861/8. ISBN 9789284602629.

[Curia_-_Language_arrangements_at_the_Court_of_Justice_of_the_European_Union-16] "Language arrangements at the Court of Justice of the European Union". Curia. Europa. Retrieved 8 September 2018.

[17] De Vos, Marc (2020). "The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law". International Journal of Discrimination and the Law. 20: 62–87. doi:10.1177/1358229120927947.

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