People at all times sought to unite. This fact is confirmed by the long history of the formation of states born from once existing tribal families or communities. Over time, the expansion of social formations has proved the effectiveness of human associations, which is manifested in the process of regulating social relations. But coordinating the activities of the masses is not so much a theoretical as a practical issue, requiring a deep assessment and prompt solution.
The bottom line is that society is not homogeneous. It includes people of different ethnic groups, beliefs, races, etc. Their management should be based on universal influence. In other words, it is necessary to coordinate the whole society as a whole, and not its individual groups. For a long time, people could not find a suitable regulator of social relations. However, such has become law, the effectiveness of which is increasing every day.
It is worth noting that in the modern world, law has acquired several species branches. In addition, the presented category extends its effect to various subjects. Interesting enough is the law of the EU (European Union). This structure combines a large number of regulatory rules. At the same time, the EU has developed a rather powerful mechanism for protecting legal entities from any kind of violation. This task is carried out by the Court of Justice of the European Union, the features and activities of which will be discussed later in the article.
EU - concept and composition
The Court of Justice of the European Union is only a body whose existence is determined by the presence of an extensive superstate structure. That is today the European Union. At its core, the EU is an economic and political association of countries that was created to coordinate common activities and achieve specific goals.
The organizational effectiveness of the European Union is at a fairly high level. In other words, the EU countries, the list of which is presented below, benefit from participation in the association, as it directly affects their economic status. In addition, participation in the Union implies open borders, which greatly facilitates international trade.
So, the following countries are included in the EU:
- Austria.
- Belgium.
- Bulgaria.
- Great Britain.
- Hungary.
- Germany.
- Greece.
- Denmark.
- Ireland.
- Spain.
- Italy.
- Cyprus.
- Latvia.
- Lithuania.
- Luxembourg.
- Malta.
- Netherlands.
- Poland.
- Portugal.
- Estonia.
- Romania.
- Slovakia.
- Slovenia.
- Finland.
- France.
- Sweden.
- Czech.
As for the activities of the said association, it is regulated. EU law addresses most of the issues that arise in the daily activities of the economic and political structure. Therefore, for a more detailed study of it, it is necessary to understand the features of the legal category system.
European Union Law
EU countries, the list of which is constantly updated, are regulated by special legal norms in their activities. Thus, the law of the European Union is a system that is specific in its essence, which affects the process of European integration of the countries participating in the association, and is also responsible for the efficient functioning of its power structures.
There are several points of view regarding the belonging of this category. Many scholars argue that EU law is an independent system that combines the key legal aspects of both the international system and the systems of member states. Other representatives of science talk about the existence of a category at the level of an international institution. But be that as it may, it is impossible to deny the independence of EU law for several reasons:
- it has its own structure;
- EU law is based on certain principles;
- its effect applies to specific participants;
- EU law is enshrined in a separate legislative framework.
As we understand it, the existence of a legal system necessitates justice, which will protect the capabilities of its subjects. In the European Union there is a justice system, the effectiveness of which is manifested in the work of a special authority.
Judicial Institute of the European Union
Of course, the management of 28 countries that are part of the EU is impossible without the presence of special bodies whose tasks include resolving certain disputes. In other words, the institution of justice must be present in any structure.
Speaking specifically about the European Union, a similar institution exists in this association and, most importantly, has been functioning for many years. Its history begins in 1952, when the Court of the European Coal and Steel Association was founded. Later, this body was renamed the Court of Justice of the European Communities. During its existence, the authority considered a large number of cases of various kinds. Today, the Court of Justice of the European Union, more precisely, its activity is governed by the norms of the Lisbon Treaty, dated 2007. In accordance with this regulatory act, the represented body has its competence and certain functions. The seat of the Court of Justice of the European Union is the city of Luxembourg.
Office composition
Today, the court operates thanks to the extensive legal base and well-built internal system. The bottom line is that the structure of the EU Court of Justice helps much more efficiently consider certain cases. That is, there is a distribution of competence between the constituent parts of the body. At the same time, one must understand the fact that the term “Court of the European Union” is a characteristic of the entire justice system, which is currently in the EU structure. The main characterizing factor of this system, undoubtedly, is compactness. Its structure is provided for by the provisions of the Treaty on the European Union. According to the data contained in this regulation, the EU Court consists of:
- directly to the court;
- tribunal;
- specialized tribunal.
Each of the elements presented is responsible for reviewing or conducting business of a certain nature. The same fact determines the existence of various functions in each individual case.
Court as a core element of the EU justice institution
The city of Luxembourg is the seat of the main office, which is authorized to resolve disputes within the limits of the capabilities delegated by the European Union. The court of this formation is the highest instance in the system of the EU Institute of Justice. Court hearings are held in two forms stipulated by the organization: plenary and in the chambers. The competence of the body is quite wide today. This fact is due to the cumbersome economic and political structure of the European Union and its regulatory framework. The management of the body is carried out by the chairman, who today is Kun Lenarts.
Court Structure
The presented body is systematized. Its organizational structure consists of three main elements. The first is the chairman. This official combines the functions of an entire institution of administration of the Court of Justice of the European Union. He is elected for 3 years by secret ballot. The main task of the chairman is the distribution of cases between structural divisions of the court and the coordination of their production. Chambers and plenums are also structural elements. They exist to increase the efficiency of consideration of production. Moreover, the most important cases are dealt with precisely at plenary meetings.
Body Composition
Of course, the city of Luxembourg is known for its judges, and not for the court itself. After all, it is they who realize certain functions and tasks within the framework of their authority. The composition of the Court is quite extensive. It has 28 members working today, that is, one person from each EU member state. In addition, there is such a position as a general lawyer. There are 8 people in the composition of the EU Court. It should also be noted that there is an apparatus and a court secretary in the structure of the body.
The powers of the Court of Justice of the European Union
Any authority has a number of main areas of activity that must be implemented without fail. But for this, the department is endowed with certain powers, that is, freedom of action in a particular area. The Court of Justice of the European Union is no exception in this case. He is also endowed with a number of powers that determine the most important functions of the body. The powers are enshrined in the Treaty on the European Union. According to its provisions, the Court has the right:
- consider claims of member states on the fact of violation by other similar entities of the rights prescribed by EU regulations;
- monitor the activities of the main institutions of the European Union with regard to competence and legality in resolving certain issues;
- interpret EU law at the request of interested parties;
- to evaluate the legality of normative acts issued by the bodies of the association, as well as their effectiveness in the process of regulating certain relations;
- to consider emerging disputes between the European Union itself as an integral entity and its individual elements;
- issue advisory opinions on one or another international legal agreement;
- appeal to the decisions of the Tribunal.
Appeal to the body
As we can see, the activities of the judicial authority of the European Union include a lot of interesting points. The breadth of its competence is explained by the vast territory of the association and the presence of a large number of participants, which, in turn, are formed and independent countries. At the same time, the activities of the court are strictly extended to EU entities. In other words, a complaint to the European Court can only be submitted by the party that is part of the association. This specific factor is one of the main features of the organ system mentioned in the article.
Basic information about the Tribunal
The states of the European Union are entitled to apply to a special body of the justice system of the association. One may be called the Tribunal. Despite its sonorous name, the body does not consider cases related in any way to the war, etc. Nevertheless, the powers of the Tribunal are no less broad than those of the EU Court. In its activities, the element reviews cases of damages, analyzes the legality and legitimacy of acts of EU bodies, disputes arising about the inaction of certain institutions of the association and the European Central Bank , etc. The competence of the Tribunal is enshrined in various treaties of association, which indicates its legitimacy.
What is a specialized tribunal?
The Nice Treaty concluded in 2001 provides for the existence of another instance of justice in the EU. Specialized tribunals are specific bodies dealing with special cases. As a rule, these are disputes arising in the service sector and on intellectual property issues. Thus, the activities of specialized tribunals are of a special nature and extend to a limited range of functional issues.
Is there a 4th element of the EU justice system?
Many scientists testify that the structure of special bodies in the European Union has a larger number of elements than those that are enshrined in the provisions of official documents. Today, many jurists rank the national judicial authorities of the participating countries as part of the EU judicial system. This issue is really controversial, as there is no coordination of national courts among the powers of the titular departments of the European Union.
Conclusion
So, we examined the concept, features and powers of the Court of Justice of the European Union, which are provided for by the current regulatory documents of this association. In this case, it should be noted that although the activities of the EU representative body are regulated and effective, it still requires certain changes and modernization.