The European Court of Justice (ECJ)
Der European Court of Justice (ECJ) is the highest judicial authority of the European Union (EU) and plays a central role in the European integration process. It guarantees the uniform interpretation and application of Union law and, through its rulings, significantly contributes to the development of law within the EU. Below, the structure, tasks, competences, procedures, and the legal significance of the ECJ are comprehensively presented.
Legal Foundations and Organization
Legal Foundations
The European Court of Justice is anchored in the fundamental treaties of the European Union. The key provisions can be found primarily in:
- Art. 19 of the Treaty on European Union (TEU)
- Art. 251 et seq. of the Treaty on the Functioning of the European Union (TFEU)
These provisions regulate the composition, competences, as well as procedures and task allocation within the EU’s court system.
Structure and Composition
The ECJ is part of the Court of Justice of the European Union, which also includes the General Court (formerly the Court of First Instance) and, since 2005, specialized courts for specific legal areas (e.g., the EU Civil Service Tribunal – now abolished). The ECJ itself consists of one judge from each EU Member State, currently 27, as well as eleven Advocates General. The judges and Advocates General are appointed by the governments of the Member States by mutual agreement for six years each; reappointment is possible.
Presidium
The Presidium, consisting of the President, the Vice-President, and other members, conducts the court’s business. The President and Vice-President are elected by the judges for three years and can be re-elected.
Tasks and Competences of the ECJ
Main Tasks
The ECJ fulfills a variety of functions within the framework of Union law:
- Ensuring the uniform interpretation and application of Union law
- Reviewing the legality of acts of Union institutions
- Ruling on infringements by Member States
- Settling disputes between EU institutions, or between EU Member States and institutions
Key Competences
The procedures provided for in the Treaties define the central role of the ECJ:
Infringement proceedings
According to Art. 258 et seq. TFEU, the European Commission or a Member State may bring an action against a Member State if it breaches its obligations under the EU Treaties.
Preliminary ruling procedure
According to Art. 267 TFEU, national courts may refer questions to the ECJ regarding the interpretation or validity of Union law. This preliminary ruling serves the uniform application of law in all Member States and is one of the most important instruments for creating a coherent European legal area.
Actions for annulment
EU institutions, Member States, and — under certain conditions — also natural and legal persons may have acts of EU bodies reviewed by the ECJ for legality (Art. 263 TFEU).
Actions for failure to act
If an EU institution fails to act as legally required, an action may be brought before the ECJ under the conditions of Art. 265 TFEU.
Liability action
For damage caused by unlawful acts or omissions of EU institutions or their officials, a liability claim can be brought under Art. 340 TFEU.
Types of Proceedings and Procedure
General Procedure
The court procedure before the ECJ follows specific rules, which are largely laid down in the Protocol on the Statute of the Court of Justice and in the Rules of Procedure. The procedure is mainly written, but oral hearings regularly take place in addition.
Preliminary ruling procedure in detail
Within the preliminary ruling procedure, national courts are obliged to refer questions to the ECJ if there are doubts regarding the interpretation or validity of EU law provisions and no further judicial instance is available. The ECJ’s decision is binding on the national court and prescribes the legally correct path under Union law.
Infringement procedure
In infringement proceedings, the ECJ examines whether a Member State is violating EU law. If it finds such a violation, the Member State must implement the judgment; if it fails to do so, a fine may be imposed on the Commission’s proposal.
Legal Effect of ECJ Decisions
Binding Effect
The rulings of the ECJ have general binding force. National courts and authorities are strictly required to follow the ECJ’s interpretation of Union law. Failure to comply may result in infringement proceedings against the relevant national body.
Significance for the Development of Law
Through its supreme court interpretations, Union law is continuously adapted to current challenges. Important fundamental decisions, for example, on the relationship between European law and national law, significantly develop and shape the European legal order.
Significance of the ECJ in the European Legal System
Through its case law, the ECJ guarantees the rule of law and coherence within the European Union. It is chiefly responsible for ensuring the primacy of Union law over the law of Member States (primacy of EU law) and that EU legal provisions are uniformly enforced in the Member States. The judgments and decisions of the ECJ are pioneering and foster legal harmonization in Europe.
Academic and Practical Reception
The decisions of the ECJ have, for decades, served as the starting point for numerous academic analyses and commentaries. In legal practice before courts and attorneys, they are also used as a binding standard for interpreting and applying Union law in all Member States.
Literature and Further Information
- Treaty on European Union (TEU)
- Treaty on the Functioning of the European Union (TFEU)
- Dittert/Burgorgue-Larsen/Lenaerts: “The ECJ: Case Law and Practice”
- Official website of the Court of Justice of the European Union: curia.europa.eu
Summary: The European Court of Justice is the highest European court and ensures the uniform application and interpretation of Union law. With its broad competence in various types of proceedings, it plays a decisive role in the development of law and the enforcement of the principles of the European Union. The decisions of the ECJ are binding for all Member States and have guiding influence on European integration and the relationship between Union and national law.
Frequently Asked Questions
What competences does the European Court of Justice (ECJ) have under EU law?
The European Court of Justice (ECJ) is the highest judicial authority of the European Union and has a wide range of competences, as established in the Treaty on the Functioning of the European Union (TFEU). The ECJ’s main responsibilities are the uniform interpretation and application of Union law in all Member States. Its competences include, among others, the preliminary ruling procedure (Art. 267 TFEU), which allows national courts to refer questions of interpretation of Union law to the ECJ, and whose decisions are binding on the national court. Additionally, the ECJ decides on infringement actions against Member States (Art. 258 et seq. TFEU), brought at the request of the European Commission or another Member State. It also has jurisdiction for actions for annulment (Art. 263 TFEU), whereby Member States or certain EU bodies may challenge the legality of acts of Union institutions. Through actions for failure to act (Art. 265 TFEU), the ECJ may also act when European Union institutions fail to take required actions. Furthermore, the ECJ is competent for liability actions, in which Union institutions can be held liable for damage caused by their unlawful conduct (Art. 340 TFEU). The structured allocation of these competences ensures the harmonized enforcement of Union law and legal certainty in the internal market.
How does the preliminary ruling procedure before the ECJ work and what is its significance?
The preliminary ruling procedure is a central instrument for ensuring the uniform application of EU law and is regulated by Art. 267 TFEU. National courts dealing with a case in which the interpretation or validity of Union law is disputed can — and in some cases must — refer questions to the ECJ for a preliminary ruling. This particularly concerns questions about the interpretation of the Treaties, the validity and interpretation of secondary legislation, and the interpretation of the statutes of EU institutions. Once the national court has suspended its proceedings and formulated its question, the reference is submitted to the ECJ, which then invites the parties and eligible third parties (including Member States and EU institutions) to submit observations. The oral hearing before the ECJ as well as the preparation of an opinion by the Advocate General often follow. The ECJ then issues a judgment, which is binding on the referring court and serves as guidance for national courts in all Member States. These proceedings are essential for the doctrine of European law and significantly contribute to the development and harmonization of law in Europe.
What legal means does the ECJ have to sanction infringements by Member States?
If a Member State is accused of breaching obligations under Union law, the ECJ can be called upon in infringement proceedings (Art. 258 et seq. TFEU). This occurs at the request of the European Commission or another Member State. In the proceedings, the Court examines whether there is indeed a breach. If the Court finds that an infringement has occurred, the Member State is required to comply with the judgment. If the Member State fails to respond to the judgment and does not remedy the breach, the Commission can initiate a new procedure (Art. 260 TFEU) and apply for sanctions, in particular lump sum fines or penalty payments. The goal of these sanctions is to ensure the rapid rectification of infringements and the full effectiveness of Union law in all Member States.
To what extent is the ECJ bound by its own decisions?
Unlike in common law jurisdictions, there is formally no strict doctrine of precedent (‘stare decisis’) in the European Union. Nevertheless, the ECJ, in practice, follows its own prior decisions and rulings to a great extent to ensure legal certainty, predictability, and coherence in the Union’s legal order. A departure from earlier decisions occurs only when compelling reasons or a changed legal or factual situation justify it. The practical binding effect of case law is particularly evident in the fact that national courts consider and apply the leading decisions of the ECJ, even if these are not formally binding precedents. In this way, the ECJ shapes the development of Union law and ensures its uniform application.
What is the significance of the official languages at the ECJ and how is the procedure conducted linguistically?
In principle, all 24 official languages of the European Union are admitted as procedural languages at the ECJ. This means that any application can be filed in an official language and all written communication is conducted in that language. However, the internal working language of the Court is always French, so all internal deliberations, draft judgments, and meeting minutes are generally prepared in French. The judgments themselves are delivered in the language of the proceedings and later translated into all official languages so that they are legally effective and understandable in every Member State. The significance of linguistic equality contributes considerably to the transparency, comprehensibility, and acceptance of case law throughout the European Union.
Who can bring actions before the ECJ and under what conditions?
Different types of actions can be brought before the ECJ by various claimants. Member States, institutions of the European Union (such as the Commission, Parliament, or Council), as well as, under certain conditions, individuals (legal and natural persons) may initiate proceedings. A Member State or an EU institution can take action against legal acts of other institutions (action for annulment according to Art. 263 TFEU) if these violate Union law. Individuals, however, are only entitled to bring an action if they are directly and individually affected by a legal act. The high requirements for locus standi (‘direct and individual concern’) mean that individual actions before the ECJ remain exceptional. Moreover, national courts can refer questions to the ECJ in the preliminary ruling procedure, and in certain areas, for example in competition law, parties have standing as well. Actions for failure to act can also be brought if an institution fails to act (Art. 265 TFEU).
What is the role of the Advocate General in proceedings before the ECJ?
The Advocates General at the ECJ are independent legal experts whose task is to prepare, in many cases, what is known as an Opinion. This contains a comprehensive legal analysis of the questions referred to the ECJ and makes a recommendation for the decision. The Opinion is not binding but serves as guidance for the judges and significantly contributes to the transparency and comprehensibility of the decision-making process. The Advocates General enrich the proceedings through their objective perspective and enhance the quality of the judgments. Especially in complex or fundamental cases, the ECJ often attaches great importance to the Advocate General’s submissions.
