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The European Court of Justice (ECJ) was formed in 1952, as part of the European Coal and Steel Community.

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1y ago

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What is European courts?

Two popular European courts are the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). The ECJ is located in Luxembourg and the ECHR is located in Strasbourg. The ECHR is part of the Council of Europe (this is NOT the same as the European Union), and the ECJ is part of the European Union.


What can an individual do in case the national court had a right to refer to the Court of Justice under the article 267 TFEU but did not?

If the court of a member state decides it's necessary,it may ask the ECJ to take a look at the case. If the national court doesn't think the ECJ is needed, there is no problem. So the national court has a right to go to the ECJ.If the ruling of the national court bears negative consequences for the individual, he or she can't directly appeal to the ECJ. The individual needs to proceed to the highest court of appeal in the particular member state before going to the ECJ.


Where is the court of justice of the European Communities?

The European Court of Justice (ECJ) is situated in Luxembourg.


What is the Role of the European Court of Justice?

The ECJ ensures that EU legislation is applied and applied in the same way in each member state.


What is the highest court in Europe?

The highest court in Europe is the European Court of Justice (ECJ), located in Luxembourg. It interprets EU law and ensures its uniform application across member states. The ECJ resolves legal disputes between national courts and EU institutions, and its rulings are binding on all member countries. Its decisions play a crucial role in shaping EU law and policies.


'the views of the European court of justice do not always concur on the issue of the supremacy of community law over national.discuss critically?

This question is about European law. The European Court of Justice (ECJ) judges do not always agree (= concur) on whether the community law (= the rules of the European Union) has supremacy over national law of a Member State. That's what you need to discuss: is community law 'more powerful' (supreme over) than national law? The answer is yes and no. Yes, because EU community law is not the same as any other type of international law. See case 62/26 ECJ. No, because the EU and therefore ECJ do not always have full jurisdiction. You will need to see EU treaties TEU and TFEU for that.


Enforcement of European Court of Justice judgments?

Member states are required to comply with European Court of Justice (ECJ) judgments under the principle of sincere cooperation in the EU treaties. Failure to comply can result in infringement proceedings by the European Commission, which can lead to financial penalties. In some cases, individuals or businesses can also bring actions for damages against a member state that fails to implement an ECJ judgment.


Distinguish between the European court of human rights and the European court of justice?

The legislation that those two bodies deal with is difference. THe ECHR deals with the convention on Human Rights and the ECJ deals with EU legislation


Difference between European community law and domestic law?

European Community Law has superiority over National Law of the 27 Member States based on Article 10 of the EC treaty (1957). The first case that established this superiority was the case of Costa v Enel (1964). Basically should there be any conflict between EC Law and national law, then EC Law will prevail. The European Court of Justice deals mainly with the interpretation of EC Law which under Article 234 allows them to make preliminary rulings should Member States fail to implement directives from the ECJ. This is the main difference to be aware of, the fact that Member States(National Law) are required to implement directives from the ECJ and they decide on the form and methods that this will take and that the ECJ interprets aspects of EC law that the Member states are uncertain about.


Can Belgium enforce the laws of the European Union?

Belgium is a EU Member State. It may suggest to the European Commission that another EU Member State is not abiding by EU law so the Commission can take further measures for instance by going to the European Court of Justice (ECJ). On the other hand, Belgium may very well go to the ECJ itself to make a case against another EU Member State. However, in light of diplomatic and economic relations, it probably will not enforce EU law itself in the EU. In the country Belgium, the State is responsible for enforcing EU law logically.


What type of cases are heard in the European court of justice?

The European Court of Justice (ECJ) primarily hears cases related to the interpretation and application of European Union law. This includes disputes between EU member states, cases brought by EU institutions, and actions brought by individuals or companies against EU institutions. The court also addresses issues of legality concerning EU regulations and directives, and it provides preliminary rulings at the request of national courts to clarify EU law. Overall, the ECJ plays a crucial role in ensuring uniformity and consistency in the application of EU law across member states.


What are the main policy making institutions of the EU?

One of the most important institutions created by the union is the European Court of Justice (ECJ). The ECJ has the power to declare national laws invalid when they conflict with treaty obligations and has created a uniform system of law that takes precedence over national laws and constitutions.