Week 6: The Court of Justice of the European Union

Vocabulary flashcards covering key terms, roles, procedures, and landmark cases of the Court of Justice of the European Union from Week 6 notes.

Court of Justice of the European Union (CJEU)

The umbrella EU court created by the ECSC (1952) and reorganized in the Treaty of Rome (1957); based in Luxembourg; now comprises the European Court of Justice and the General Court; decisions are usually by panels of 3 or 5 judges and are supported by Advocates-General who provide legal views in advance.

European Court of Justice (ECJ)

One of the two courts within the CJEU; handles core EU law questions as part of the CJEU (alongside the General Court) and participates in direct actions, annulments, and preliminary references.

General Court

Independent court within the CJEU (since 2001); focuses on administrative law and fact-finding; two judges per member state; no Advocates-General; judgments delivered in open court; appeals go to the ECJ on points of law.

Advocates-General (AGs)

Non-binding opinions given to assist the Court; their views can influence the outcome; originally 6 from large states (with rotations) and expanded to 11 under the Lisbon framework.

Direct actions (infringement actions)

Cases brought to the Court in the first instance by the Commission or a member state alleging breach of EU law by another member state; can result in penalties or remedies (e.g., recognition of qualifications, appointments of judges).

Annulment actions

Actions where an EU institution or member state argues that a piece of EU legislation is unlawful (e.g., improper state aid, sanctions);

Preliminary references

A national court refers a question to the CJEU for interpretation of EU law to ensure uniform application across member states.

Direct effect

EU law provisions that individuals can invoke in national courts against member states; established by the van Gend en Loos case.

Primacy of EU law

EU law takes precedence over conflicting national law; established by the Costa v ENEL case.

Cassis de Dijon

Key case that banned certain restrictions on trade and promoted the free movement of goods within the internal market (mutual recognition principle).

Francovich v Italy

Gap-filling principle: when a member state fails to transpose EU law, individuals can obtain damages for the breach.

Charter of Fundamental Rights of the EU (CFR)

Gained equal status with the Treaties under the Lisbon Treaty; the CJEU can interpret and apply it; not to be confused with the European Court of Human Rights.

Lisbon Treaty

Treaty that elevated the CFR to equal status with Treaties; increased the number of Advocates-General to 11; addressed concerns about appointment secrecy; broader governance reforms.

Article 19(1) TEU

Article stating that the CJEU’s role is to ensure the interpretation and application of the Treaties observe the law, giving the CJEU final say on EU law.

Article 1 TEU

Articulates the aim of creating an ever closer union among the peoples of Europe, guiding the Court’s judicial activism toward deeper integration.

Judicial activism (CJEU)

The Court looks beyond gaps to interpret the drafters’ intentions and increasingly supports deeper EU integration.

ECJ judges

27 judges appointed by member states; six-year terms; Lisbon-era reforms improved transparency; first female judge appointed in 1999; no retirement age specified in notes.

Chambers / Grand Chamber / Full Court

Procedural structures within the ECJ/General Court: chambers of 3–5 judges; Grand Chamber of 13 judges; Full Court used in exceptional cases.

Written and oral stages

Procedural stages in proceedings: written submissions are primary; oral hearings occur; decisions by majority; judgments published in the Official Journal; no dissenting opinions to preserve independence.

European General Court (history)

Independent since 2001 Nice Treaty; two judges per member state; focuses on administrative law; no Advocates-General; judgments in open court; appeals to the ECJ on points of law only.

Current challenges for the CJEU

Debates about legitimacy, enlargement, and diversity of judges; rising caseload (e.g., 838 cases in 2021, 806 in 2022, 821 in 2023); majority of cases are preliminary rulings and appeals, with direct actions comprising a smaller share.