CJEU: Structure, Jurisdiction, History, and Legal Interpretation

All flashcards

What is the CJEU?

The Court of Justice of the European Union is the EU’s judicial branch. It safeguards the interpretation and application of EU law and resolves specified disputes involving EU institutions and member states.

What does a preliminary ruling do?

It answers a national court’s question about the interpretation of EU law. The national court then applies that interpretation when deciding the dispute before it.

What is an Advocate General’s opinion?

It is an independent, non-binding opinion prepared for a case to assist the Court of Justice in its deliberations. The judges, not the Advocate General, deliver the court’s judgment.

What kinds of cases does the General Court hear?

It hears many actions by individuals and organisations against EU acts, as well as cases involving damages, intellectual property, EU staff disputes, and certain actions brought by member states.

What is substantive equality?

It is an approach to equality that considers whether people can achieve meaningful equality in practice, including whether relevant disadvantages need to be addressed, rather than focusing only on identical treatment.

Quiz questions

1. Which two courts principally make up the Court of Justice of the European Union?Answer: The Court of Justice and the General Court.
2. What does the Court of Justice provide when a national court requests a preliminary ruling?Answer: An authoritative interpretation of EU law.
3. What is the role of an Advocate General assigned to a case?Answer: To prepare an independent, non-binding opinion that assists the court’s deliberations.
4. A company directly challenges an EU agency act affecting its rights. Which court generally hears this type of action?Answer: The General Court.
5. Which CJEU court hears actions alleging that a member state has failed to meet its Treaty obligations?Answer: The Court of Justice.