The European Court of Justice

 

The European Court of Justice, as the judicial institution of the European Community, is the backbone of that system of safeguards. Its judges must insure that Community law is not interpreted and applied differently in each Member State, that as a shared legal system it remains a Community system and that it is always identical for all in all circumstances.

In order to fulfil that role, the Court of Justice has jurisdiction to hear disputes to which the Member States, the Community instructions, undertakings and individuals may be parties.

Composition and Organization

The European Court of Justice was set up in 1952. It comprises 15 judges and 9 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 jurists whose independence is beyond doubt and 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 presides at hearings and deliberations.

The advocates general assist the Court in its task. They deliver, in open court and with complete impartiality and independence, opinions on the cases brought before the Court. Their duties should not be confused with those of a prosecutor or similar official — that is the role of the Commission, as guardian of the Community's interests.

Plenary Sessions and Chambers

The Court of Justice may sit in plenary session or in chambers of three or five judges. It sits in plenary session when a Member State or a Community institution that is a party to the proceedings so requests, or in particularly complex or important cases. Other cases are heard by a chamber.

The Court of First Instance sits in chambers of three or five judges. It too may sit in plenary session in certain particularly important cases.

The Registries and the Administration

The Registrar 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 translations and interpreting service since the Court has to use all the official languages of the Community in the course of its work.

The Court of First Instance appoints its own Registrar; for its administrative needs it relies on the services of the Court of Justice.

Jurisdiction

It is the responsibility of the Court of Justice to ensure that the law is observed in the interpretation and applications 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 and to give preliminary rulings.

 

 

Notes

1. share, v – делить, разделять
2. circumstance, n – обстоятельство
3. undertaking, n – предприятие
4. advocate general – генеральный адвокат
5. accord, n – согласие, соглашение
6. preside, v – председательствовать, руководить заседанием
7. deliberation, n – обсуждение, совещание
8. deliver, v – доставлять, передавать
9. impartiality, n – беспристрастность
10. confuse, v – путать
11. guardian, n – опекун, попечитель
12. registrar, n – секретарь суда
13. rely on, v – полагаться, доверять
14. provision, n – постановление, положение
15. ruling, n – постановление (суда)