European Judicial System

European Judicial System includes the following courts: European Court of Human Rights (ECHR); European Court of Justice (ECJ) or Court of Justice of the European Communities; Court of First Instance (CFI); Civil Service Tribunal; European Court of Auditors and Court of the European Free Trade Association (EFTA Court).

The Court of Justice of the European Communities sits in Luxembourg. It consists of 27 judges and 8 Advocates-General (AG) appointed for a renewable six-year term by agreement between the Member States, which select them “from persons whose independence is beyond doubt”. The decisions of the court are binding and there is no appeal against them. Advocates-General give opinions, which are not binding on ECJ, in cases where the ECJ considers that a case raises new points of law. There is no specialization of AGs by subject matter and only one AG is appointed per case.

The ECJ interprets the treaties establishing the European Community, decides upon the validity and the meaning of Community legislation, and determines whether any act or omission by the European Commission, the Council of the European Union, or any member state constitutes a breach of Community law. Its functions are constitutional, civil, administrative and arbitration.

The Court of First Instance (CFI) consisting of 27 judges only was set up in 1989. It has jurisdiction, subject to further appeal to the Court of Justice on points of law, to deal with disputes between the Commission and individuals or businesses as well administrative disputes within the institutions between the Community and its staff.

The Court of Auditors has 27 members appointed for a six-year term by agreement between the Member States after consultation with the European Parliament. It checks that revenue is received and money is spent “in a lawful and regular manner” and that the Community's financial affairs are properly managed.

Civil Service Tribunal established in 2004 has jurisdiction limited to staff cases. The parties may appeal to CFI within 2 months after the decision of the Tribunal is rendered.

European Court of Human Rights (Strasbourg Court) was established in 1959 to deal with disputes arising out of infringements of the European Convention on Human Rights (1953). The Court may hear complaints (known as petitions) by one state against another. It may also hear complaints by an individual, group or nongovernmental organization only if the applicant has first tried remedies in the national courts. The Court has power to make a final ruling, which is binding on the parties, and in some cases to award compensation. Every member state of the Convention has a judge with 6 year mandate appointed by the Assembly of the Council of Europe, but they don’t represent their state. Judges are divided into four sections, and they sit in chambers of 7 and committees of 3.

There are also courts with international jurisdiction: International Court of Justice (ICJ, the Hague court); International Labour Organization (ILO); World Trade Organization (WTO); International Criminal Court (ICC).

Important and complex relationships exist between the European and national courts of Member States. There is no hierarchy and direct jurisdictional link between the European Courts and national courts of member states: none of the European Courts (except to some extent the CFI) is available for direct litigation to private parties and none of them has an appellate role for national courts.

II. COMPREHENSION

1. Answer the following questions using the information from the text:

1.What is the difference between a decision and an opinion of the ECJ?

2. What is the jurisdiction of the CFI?

3. What does it mean “to manage properly” financial affairs?

4. What types of cases are heard in the ECHR?

5. Why are relations between the European and national courts complex?

2. Complete the following sentences using information from the text:

1. 27 judges and 8 Advocates-General …

2. … checks the financial affairs of the EU.

3. Staff cases are decided …

4. The judges of the ECHR …

5. The decisions of the … are binding.

6. Courts with international jurisdiction …

3. Find in the text synonyms to the following words and make up your own sentences:

Violation, obligatory, legality, legal.

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