The Court of Justice of
the European Union has the objective of guaranteeing that the legislation of
the European Union is applied and interpreted in the same way by all the member
countries of the EU.
The members of the Court
of Justice are the following:
- Court of Justice of
each of the member countries with 11 advocates general.
- General Court that is
made up of two judges from each country.
It was created in 1952
and is based in Luxembourg City.
There are circumstances,
individuals, companies and other organizations that consider that their rights
have been violated by other institutions belonging to the EU can go to this
Tribune.
The most common issues
that this court resolves are the following:
- Interprets legislation,
especially harmful decisions: the local courts of each Member State have to
ensure that the legislation adopted by the EU is applied at its borders, but
sometimes it happens that the rules are interpreted in different ways. If the
local courts have certain doubts, they can ask for any kind of clarification
from the European Court of Justice.
- Apply the legislation:
that is, the infringement procedures. it is launched against a national
administration for breaching any European standard. It can be initiated by the European Commission
or by another member country. If there is a country that includes the rules, it
will have to remedy it by taking different measures.
- Annul the European
norms: that is to say, the annulment remedies. If it is considered that any
rule violates the EU treaties or fundamental rights. This can be requested by
the governments of the Member States, the Council of the EU and the EU
Parliament. If the rule violates someone, in particular, they can also ask for
it.
- Guarantee that the EU
acts: or what is the same, the resources by omission. The Parliament, the
Commission and the Council are in charge of making the decisions. If they do
not, both member governments, other institutions or individuals and companies
to appeal to the court.
- Punish the European
institutions: that is, carry out the actions for different damages caused. Any
person or company that they consider to have been harmed by any act or omission
of the EU or the staff may appeal to the Court.
It has two organs, they
are the following:
- Court of Justice:
resolves issues that are harmful and that have been raised by national courts,
appeals for annulment or occasion.
- General Court: it is in
charge of resolving appeals for annulment filed by individuals, companies and
national governments. This means that it deals with competition law, state aid,
agriculture, trade and trademarks.
National governments will
appoint each judge or lawyer for a renewable period of about 6 years. Judges
are responsible for electing their president every 3 years.
Therefore, if you
consider that any EU regulation is violating any right and is not due to force
majeure, it is important to have a European
Funds Consulting on hand. This way you will be able to see if the European
Funds are available or not to help you carry out your objectives.
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