THE COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU)

The Grandma visits the CJEU in Luxembourg City

Today, The Grandma has travelled to Luxembourg City to visit The Court of Justice of the European Union, the highest judicial institution in the EU.

European citizens are under the umbrella and protection of this court and The Grandma wants to know more things about it and its functions.

The Court of Justice of the European Union (CJEU), in French Cour de Justice de l'Union Européenne, 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. 

From 2005 to 2016 it also consisted of the Civil Service Tribunal. It has a sui generis court system, meaning of its own kind, and is a supranational institution.

CJEU is the chief judicial authority of the European Union and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the member states.

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.

More information: Court of Justice of the European Union (CJEU)

CJEU consists of two major courts:

The Court of Justice, informally known as European Court of Justice (ECJ) which hears applications from national courts for preliminary rulings, annulment and appeals. It consists of one judge from each EU member country, as well as 11 advocates general.

The General Court, which hears applications for annulment from individuals, companies and, less commonly, national governments, focusing on competition law, state aid, trade, agriculture and trade marks. It is made up of 47 judges, which is to be increased to 56 in 2019.

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.

CJEU was originally established in 1952 as a single court called the Court of Justice of the European Coal and Steel Communities, as of 1958 the Court of Justice of the European Communities (CJEC).

The General Court was created in 1988, known as the Court of First Instance, and the Civil Service Tribunal was created in 2004.

With the entry into force of the Treaty of Lisbon in 2009, the court system obtained its current name (Court of Justice of the European Union), while the original court itself (the former CJEC) was renamed Court of Justice.

The working language of the Court of Justice of the European Union is French. The primacy of European Union law, sometimes referred to as supremacy, is an EU law principle that when there is conflict between European law and the law of Member States, European law prevails; the norms of national law have to be set aside.

This principle was developed by the European Court of Justice, and, as interpreted by that court, it means that any norms of European law always take precedence over any norms of national law, including the constitutions of member states.

For the European Court of Justice, national courts and public officials must disapply a national norm believed not to be compliant with the EU law. Disapplying is different by the Parliament's legislation, in that it concerns to a single specific case, whereas legislation is universal and equivalent for all people. However, disapplication of the national law in single judicial case or administrative procedure can create a legal precedent, be repeated over the time by the same or other courts, and become part of the national jurisprudence.

Some countries provide that, when a legal antinomy is detected between the national and the EU law, courts and public officials are required to suspend the application of the national law, ask to the national Constitutional court and wait until its decision is taken. In the case if the norm has been declared constitutional, they are automatically obliged to apply the national law. This fact can (theorically) create an antinomy between the national Constitutional Court and the European Court of Justice. It can also originate from an antinomy between two paritarianprimary sources in the hierarchy of the sources of law, as the national Constitutions is and the European law is become.

More information: Curia

Justice is the foremost virtue of the civilizing races.

It subdues the barbarous nations,

while injustice arouses the weakest.

Jose Rizal