EU Courts and Key Legal Concepts – Vocabulary Flashcards

A comprehensive set of vocabulary flashcards covering the EU’s judicial architecture, principal doctrines, landmark cases, and theoretical perspectives discussed in the lecture.

Court of Justice of the European Union (CJEU)

The EU’s supreme judicial authority, comprising the Court of Justice, the General Court, and formerly the Civil Service Tribunal.

European Court of Justice (ECJ)

The highest court within the CJEU; gives preliminary rulings, hears actions against member states and institutions, and ensures uniform interpretation of EU law.

General Court (GC)

Formerly the Court of First Instance; hears direct actions by individuals, companies, and member states and relieves the ECJ’s workload.

Civil Service Tribunal (CST)

Specialised court (2005-2016) that handled disputes between EU institutions and their staff; its work is now absorbed by the GC and ECJ.

Advocate-General (AG)

Independent adviser who delivers reasoned opinions to assist ECJ judges; currently 11 posts.

Registrar

The senior court official who manages administrative and procedural services for each EU court.

Preliminary Ruling

A decision by the ECJ clarifying EU law when requested by national courts under Article 267 TFEU.

Action for Failure to Fulfil Obligations

Proceedings—usually initiated by the Commission—against a member state for breaching EU law.

Action for Annulment

A lawsuit requesting the EU courts to invalidate an EU act (regulation, directive, decision).

Action for Failure to Act

Proceedings challenging an EU institution’s unlawful inaction when required to act under EU law.

Appeal (EU Courts)

A challenge on points of law lodged with the ECJ against a judgment of the General Court.

Direct Effect

Doctrine that certain EU provisions confer enforceable rights on individuals before national courts (established in Van Gend en Loos).

Vertical Direct Effect

Right of individuals to invoke EU law against a member state or its emanations.

Horizontal Direct Effect

Right of individuals to invoke EU law in disputes against other private parties.

Primacy (Supremacy) of EU Law

Principle that EU law overrides conflicting national law; codified by the Lisbon Treaty.

Mutual Recognition

Concept that goods lawfully marketed in one member state may be sold in all others (Cassis de Dijon).

Over-Riding Reason of Public Interest (ORPI)

Ground that allows a member state to justify limiting free movement despite Mutual Recognition.

Collective Dominant Position

Situation where several firms together hold market power; central to Airtours/First Choice merger case.

European Stability Mechanism (ESM)

Eurozone fund providing financial assistance to states; legality upheld in Thomas Pringle case.

No-Bailout Clause (Article 125 TFEU)

Treaty rule that EU and member states cannot assume another state’s debts; interpreted in Pringle.

Article 50 Revocation (Wightman)

ECJ ruling that a member state may unilaterally withdraw its Brexit notification before exit takes effect.

Cassis de Dijon (1979)

Landmark case establishing Mutual Recognition for free movement of goods.

Bosman Ruling (1995)

Decision holding football transfer rules restrictive of workers’ free movement within the EU.

Van Gend en Loos (1963)

Case that created the principle of Direct Effect in EU law.

Costa v ENEL (1964)

Judgment confirming the primacy of EU law over national statutes.

Freedom to Provide Services (Cowan, 1989)

Case affirming equal treatment rights for service recipients across member states.

Equal Pay (Defrenne, 1976)

Case recognising direct effect of treaty provisions on gender pay equality.

Collective Chambers (ECJ)

Judicial formations: chambers of 3 or 5 judges, Grand Chamber of 13, and—rarely—Full Court of 27.

Grand Chamber

Expanded formation of 13 ECJ judges used for cases of exceptional importance or complexity.

Full Court

All ECJ judges sitting together; reserved for matters of special significance (e.g., Pringle, Wightman).

Judicial Activism (EU Context)

Critique that the ECJ expands its powers and promotes integration through broad treaty interpretation.

Intergovernmentalism

Theory emphasising member-state control; sees ECJ power limited by potential state non-compliance.

Neofunctionalism

Integration theory viewing supranational bodies like the ECJ as engines driving spill-over and deeper union.

Backlog (General Court)

Large volume of pending cases—about 1,100—prompting reforms and judge expansion in 2019.

Intermediate Chamber (Proposed)

New GC formation (6–14 judges) envisaged to handle specialised, complex cases.

Merger Control (Airtours Case)

Area of EU competition law where the GC annulled a Commission prohibition for lack of evidence of collective dominance.

Abuse of Dominant Position (Microsoft)

Competition infringement upheld by GC, confirming a €497 million fine for tying and refusal to supply.

Access to Documents (Hautala)

GC case strengthening transparency by annulling Council refusal to release an arms-export report.

European Court of Human Rights (ECtHR)

Council of Europe court in Strasbourg; distinct from the EU’s ECJ.

International Court of Justice (ICJ)

UN judicial organ in The Hague; unrelated to the EU judiciary.

Article 19 TEU

Treaty provision establishing the ECJ’s role in ensuring observance of EU law.

Article 267 TFEU

Legal basis for national courts to request preliminary rulings from the ECJ (soon partly transferred to GC).

State Aid

Government subsidies subject to EU scrutiny; GC hears related member-state actions against Council acts.

Dumping

Unfair pricing practice in international trade; GC has jurisdiction over related EU measures.

Greenhouse Gas Emissions Allowance Trading Scheme

EU carbon market; one area to be shifted to GC for preliminary rulings under 2024 reform.

Rule of Law Challenges

Threats to ECJ supremacy posed by national court judgments questioning EU law primacy.

Registrar’s Six-Year Term

Length of office for the chief administrative officer of each EU court.