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European court of justice

The Court of Justice is made up of 25 Judges and 8 Advocates – General. Should the Court so request, the Council may, acting unanimously, increase the number of Advocates - General.

The Judges and Advocates – General are appointed by common accord of the governments of the Member States and hold office for a renewable term of six years. They are chosen from legal experts whose independence is beyond doubt and who possess the qualification required for appointment to the highest judicial offices in their respective countries or who are of recognized competence.

The Judges select one of their number to be President of the Court for a renewable term of three years.

The President directs the work of the Court and its staff and presidents at hearings and deliberations of major formations of the Court.

The Advocates – General assist the Court in its task. They deliver, in open court and with complete impartiality and independence, opinions in all cases, save as otherwise decided by the Court where a case does not raise any new points of law. Their duties should not be confused with those of a public prosecutor or similar body.


Plenary sessions and chambers

The Court of Justice may sit as a full Court, in a Grand Chamber ( 13 Judges ) or in chambers or three or five Judges. It sits in a Grand Chamber when a Member State or a Community institution that is a party to the proceedings so request, or in particularly complex or important cases. Other cases are heard by a chamber of thee or fives Judges. The President of the chambers of five Judges are elected for three years, the Presidents of the chambers of thee Judges for one year. The Court sits as a full Court in the very exceptional cases exhaustively provided for by the Treaty ( for instance, where is must compulsory retire the European Ombudsman or a Member of the European Commission who had failed his obligations ) and where the Court considers that a case is of exceptional importance. The quorum for the full Court is 15.


The registry and the administration

The Registrar of the Court is appointed by the Court of Justice to hold office for a term of six years. He has the same court duties as the registrar or clerk of a national court, but he also acts as secretary – general of the institution. The Court of Justice, as an independent and autonomous institution, possesses in addition to the Registry its own administrative infrastructure, which includes a large language service ( translation and interpretation ), since the Court must use all the official languages of the Union in the course of its work.
 

Jurisdiction

In the responsibility of the Court of Justice to ensure that the low is observed in the interpretation and application of the Treaties establishing the European Communities and of the provisions laid down by the competent Community institutions. To enable it to carry out that task, the Court has wide jurisdiction to hear various types of action. The Court has competence, to rules on applications for annulment or actions for failure to act brought by a Member State or an institution, actins against Member States for failure fulfill obligations, references for a preliminary ruling and appeals against decisions of the Court of First Instance.

Forms of actions:
1. Actions for failure fulfill obligations;
2. Actions for annulment;
3. Actions for failure to act;
4. Applications for compensations;
5. Appeals;
6. References for a preliminary ruling.


Procedure

Procedure before the Court of Justice is based on that followed before national courts. Whatever the type of case, there it always stage and almost always an oral stage, which takes place in open court. However, a distinction must by drawn between direct actions and references for preliminary rulings.
Procedure in direct actions:
1. Initiation of proceedings before the Court;
2. Preparatory inquiries and the Report for the Hearing;
3. Deliberation and judgment.

Procedure in references for a preliminary ruling
The national court submits questions to the Court of Justice concerning the interpretation or validity of a provision of Community low, generally in the form of a judicial decision in accordance with national procedural rules.
The Registrar has that request translated into all the Community languages, and then not only serves in on the parties to the main proceedings but also notifies in to the Member States and the institutions. He has a notice published in the Official Journal indicating, the name of the parties involved and the tenor of the questions. The parties, the Member States and the Community institutions have two months within which to submit their written observations to the Court of Justice.
The remainder of the procedure is identical to that in direct actions. All those entitled to submit written observations may also present their arguments orally at the hearing if a hearing is held.
When the Advocate General has delivered his opinion and once the Judge have deliberated, the judgment is read in open court and sent by the Registrar to the national court, the Member States and the institution concerned.

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