The Court of Justice of the European Union

What are the two categories in the judicial section?

proceedings against member states for failing to fulfill obligations or against institutions for failing to carry out duties.

What are the general evaluation points of CJEU?

1. Highly influential - 48 hour week 2. Has impact on low as well as high courts - B&Q 3. CJEU can only make preliminary - no need to follow or decide case. 4. Directly change law - Factortame 5. Ensures EU law is followed 6. Ensures EU law is interpreted same way - supervisory 7. Erode parliament sovereignty - override UK law

How many references are made to the CJEU each year from the UK?

20

What does the case of Torfaen Borough Council v B & Q 1990 illustrate?

A lower court made a reference on whether sunday trading laws were in breach of the Treaty of Rome.

What are the guidlines laid out by Lord Denning for referring cases?

Bulmer v Bollinger - 1. If the guidance is necessary to come to a decision. 2. There has not been a previous ruling on the point. 3. The point is not reasonably clear and free from doubt. 4. The court must consider all the circumstances of the case (extra time, cost etc)

What is the case of Factortame 1990?

CJEU said that judges in the UK had a duty to ignore their own legislation that deliberately conflicted with the state's EU obligations. Factortame meant that a UK statute discriminating against Spanish fishermen must not be applied. It was then repealed.

What happens if a UK statute conflicts with EU law?

Following a decision in the CJEU the UK must change the statute.

When can courts ask the CJEU for a preliminary ruling?

If a national court is in doubt about the interpretations of EU law, it can ask. They can use this decision in a national case. The Supreme Court must refer cases to the CJEU for a preliminary ruling if EU law is involved. Lower courts do not have to do so but can if they wish.

What is the supervisory function?

Interpreting the law (preliminary hearings)

What happens if a decision is made in the CJEU using the Judicial Function?

It cannot be questioned in the UK

What is the judicial section?

It hears disputes between parties that fall into two categories

What are the 2 sections?

Judicial and Supervisory

What is the case of Marshall v Southampton AHA 1990?

The CJEU said that an EU directive must be regareded as part of UK law even if government had not taken steps to implement it (i.e. not passed it as UK law) - But only where the defendant in the action was a breach of the state (Here - health authority). Directive stated that men and women were to be treated equally in the work palce, Ms Marshall was forced to retire at 60 when men were at 65.

What is a case example against member states?

Re Tachographs: EU Commission v UK 1979 - Court upheld complaint against UK for failing to implement EU regulation stating mechanical recording equipment must be installed in lorries carrying dangerous goods.

What does the case of Bulmer v Bollinger 1974 illustrate?

Supervisory function - Lord Denning in CofA laid down guidlines when a case should be referred. He emphasised the cost and delay of doing so.

What are the proceedings against member states?

The Commission may bring proceedings alleging a member state is breaching EU law

What is the case of McCarthys LTD v Smith 1980?

The court confirmed that EU citizens could rely on treaty provisions as law in memebr state (e.g. UK). This helped claimant win equal pay case as Treaty of Rome (now 157 Lisbon Treaty) said there should be no sex discrimination

What does the supervisory function ensure? Where are the powers set?

The court helps to ensure that EU law is consistently appied in all member states. Its power is set out in Article 267 Lisbon Treaty

What is the proceedings against EU institutions?

These can be brought by member states, other EU institutions and, in certain circumstances, individual citizens or organisations

What is a case example for proceedings against EU institutions?

UK v Council of the European Union 1996 - UK sought to have directive on 48 hour working week annulled on the basis that it had been unlawfully adopted by the council. Failed.