The Procedure before European Court of Justice

By Dinu, Gheorghe; Dinu, Diana | Contemporary Readings in Law and Social Justice, January 1, 2012 | Go to article overview

The Procedure before European Court of Justice


Dinu, Gheorghe, Dinu, Diana, Contemporary Readings in Law and Social Justice


ABSTRACT.

The paper aims at highlighting the main features of the procedure before European Court of Justice. The Amsterdam Treaty explicitly conferred jurisdiction on the European Court of Justice to check that Community instruments respect fundamental tights and its functions are constitutional, civil, administrative and arbitration. The role of the Court and its exclusive powers are to ensure that in the interpretation and application of the Treaty, the law is observed and to decide on the validity of instruments enacted by all other institutions. The rules of the European Court of Justice are set out in the TEC Art. 220-245, as well as in the Statutes (attached to the Treaty as a Protocol) and in the Rules of Procedure. As the actions before the court may be divided into two categories: judgments and opinions, judgments are handled in preliminary rulings and in direct actions. We present an overview of the following stages in the ECJ procedure: admissibility of a case, written and oral procedures, and preliminary report of the Judge Rapporteur.

Keywords: procedure, European law, court of justice, parties

1. Legal framework

Proceedings before the European Court of Justice may vary depending on the nature of actions and disputes. Thus we can distinguish between: usual procedure or civil-based law cases specific generally to direct actions; preliminary action procedure; special procedures; appeals procedure. According to article 18 of the EC Statute of European Court of Justice, these proceedings have two phases: written and oral. "The written procedure shall consist in communicating to the parties and to the institutions of the Communities whose decisions are in dispute, of applications, statements of case, defenses and observations, and of replies, if any, as well as of all papers and documents in support or of certified copies of them. Communications shall be made by the Registrar in the order and within the time laid down in the Rules of Procedure. The oral procedure shall consist in reading the report presented by a Judge acting as Rapporteur, the hearing by the Court of agents, advisers and lawyers and submissions of the Advocate General, as well as the hearing, if any, of witnesses and experts. Where it considers that the case raises no new point of law, the Court may decide, after hearing the Advocate General, that the case shall be determined without a submission from the Advocate General." (Art. 20) Procedure before the European Court is widely inspired by the procedure in force in the French administrative courts.1 It includes national procedural principles, but there are also distinctive features. Its main formal source remains the Rules of Procedure2. In essence, the procedure is mixed, inquisitor, contradictory, public and free. Proceedings before the Court follow the same rules.

The mixed feature requires two stages: written and oral. The two steps are mandatory and are to be found in the investigation of any case, unlike the stage of training measures, which has an optional character for European Court of Justice. If such measures are ruled, they are intercalated between the two binding steps. Inquisitorial nature of the procedure refers to the possibility of disposing of training/instruction measures by judicial bodies of the Union. The contradictory feature involves the communication of all procedural documents filed by one party to the adversary party. From the adversarial and contradictory perspectives, the only issue that may appear is the failure of communication and submission by any of the parties of the conclusions of the Advocates General.

The public nature of justice requires publicly in the presence and participation of the parties, other persons directly involved and concerned, as well as the possibility of foreign persons to attend its proceedings and to take note of the final decision.3 The written phase of the process is not public. Meetings are public in principle, and exceptionally, secret. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

The Procedure before European Court of Justice
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.