The Court of Justice of the European Union - Vocabulary Flashcards

Vocabulary flashcards covering key terms and concepts related to the Court of Justice of the European Union from Week 6 notes.

CJEU

The EU's primary court system ensuring the interpretation and application of EU law; comprises the European Court of Justice (ECJ) and the General Court, seated in Luxembourg.

ECJ

European Court of Justice; main interpreter of EU law within the CJEU; handles direct actions and preliminary references.

General Court

EU court for administrative-law disputes; independent since Nice Treaty (2001); two judges per member state; no Advocates-General.

Advocates-General

Non-binding opinions that help guide ECJ decisions; their input influences rulings; number increased with Lisbon (to 11).

Direct actions

Procedures brought directly to the CJEU, including infringement actions and actions for annulment.

Preliminary references

Questions from national courts seeking interpretation of EU law to ensure uniform application.

Infringement actions

Actions alleging that a member state breaches EU law, such as failure to transpose directives; penalties may be imposed.

Actions for annulment

Cases challenging the legality of EU acts or legislation.

Direct effect

EU law can confer rights or obligations that individuals may rely on before national courts (van Gend en Loos).

Primacy of EU law

EU law takes precedence over conflicting national law (Costa v ENEL).

van Gend en Loos

landmark case establishing the direct effect of EU law in member states.

Costa v ENEL

landmark case establishing the primacy of EU law over national law.

Cassis de Dijon

Case reinforcing mutual recognition and reduced barriers to trade within the EU internal market.

Francovich v Italy

Case establishing state liability for failure to transpose EU law into national law.

Charter of Fundamental Rights

EU Charter given equal status with Treaties under the Lisbon Treaty; CJEU can interpret/apply it; not the same as the European Court of Human Rights.

Treaty of Lisbon

Treaty (in force 2009) giving the Charter equal status with Treaties and shaping the powers of the CJEU.

Judicial activism

CJEU approach of interpreting treaties to advance closer EU integration, guided by the aim of a more unified union (Article 1 TEU).

Written and oral stages

Procedural phases in ECJ cases; extensive written submissions and, at times, oral hearings; judgments published.

Chambers/Grand Chamber/Full Court

ECJ internal panels: Chambers (3-5 judges), Grand Chamber (13 judges), Full Court for exceptional cases.

Official Journal

EU publication where the ECJ’s judgments and EU acts are officially published.

Seat in Luxembourg

Luxembourg is the city where the CJEU sits.

27 ECJ judges

One judge per EU Member State, totaling 27 judges on the ECJ.

6-year term

Judges of the ECJ serve six-year terms, with potential renewal; Lisbon reforms addressed appointment transparency.

First female ECJ judge (1999)

The first woman joined the ECJ in 1999, marking a milestone in the Court’s composition.