ECJ JUSTIN Judicial Studies Institute Masaryk University Katarína Šipulová Brno, 16 October 2023 OUTLINE 1. 1. 1.The Role and Composition of the CJEU 2.EU Law and Principle of Conferral 3.The Problem with Competences 4.Core Proceedings before the CJEU 5.Fundamental Principles of the EU Law 1. CJEU 1. 1. ECJ and European Integration 1. 1. •Conventional prototype of courts • •Independent courts •Decide cases on the basis of preexisting rules •Adversary procedure, dichotomous ruling (i.e. winners x losers) • • who are the parties? • •Appeal • •Triadic resolution of conflicts Courts 1. 1. • Ginsburg – Versteeg 2014 Why are states willing to have independent judicial review? 1. 1. Theories •Ideational • •Strategic • •Diffusion of norms Questions about courts 1. 1. •What influences their position in a political system? • •What influences courts in their decisions? • •What influences judges in their decisions? Questions about courts 1. 1. •Strategic approach (Epstein – Knight) •Behavioral approach (Gillman) • Gibson: “Judge’s decisions are a function of what they prefer to do, tempered by what they think they ought to do, but constrained by what they perceive is feasible to do.” Court of Justice of the European Union 1. 1. •Court of Justice •General Court (Court of First Instance, CFI 1988) •Civil Service Tribunal (2004, 2016 -> GC) • • •Why not Supreme Court, High Court, etc.? Court of Justice - 2022 1. 1. Court of Justice - 1952 1. 1. Court of Justice of the European Union 1. 1. •Eric Stein (1981 AJIL) “Tucked away in the fairyland Duchy of Luxemburg and blessed until recently, with the benign neglect by the powers that be and the mass media, the Court of Justice of the European Communities has fashioned a constitutional framework for a federal-type structure in Europe.” Palais de la Cour de Justice CJEU July 2021 Sign and Towers B and C.jpg https://upload.wikimedia.org/wikipedia/commons/thumb/d/d7/Villa_Vauban_Luxembourg_02.jpg/250px-Vill a_Vauban_Luxembourg_02.jpg Composition CoJ 1. 1. •Luxembourg •27 judges •11 advocate generals •Registrar • •Grand chamber •Chamber of 3 •Chamber of 5 •Full sitting Core principles 1. 1. •Direct effect • •(Su)premacy • •State liability • •Fundamental rights CJEU Annual Report 2022 1. 1. • CJEU Annual Report 2022 1. 1. • CJEU Annual Report 2022 1. 1. • CJEU Annual Report 2022 1. 1. • CJEU Annual Report 2022 1. 1. • CJEU 1. 1. • CJEU 1. 1. • CJEU 1. 1. • CJEU 1. 1. • CJEU 1. 1. • CJEU 1. 1. • CJEU 1. 1. • CJEU 1. 1. • CJEU 1. 1. • How to Read a Legal Opinion 1. 1. •Orin KERR: How to Read a Legal Opinion • •Caption Costa v ENEL •Case Citation European Court of Justice, Judgment of 15 July 1964, Cost a / E.N.E.L. •Author The Court: A.M. Donner, President, Ch.L. Hammes and A. Trabucchi, Presidents of Chambers, L. Delvaux and R. Lecourt (rapporteur), judges; Advocate-general: K. Roemer; Registrar: A Van Houtte •Facts of the Case •Law of the Case •Separate (Concurring and/or Dissenting Opinions) • 2. EU Law and Principle of Conferral 1. 1. EU Law 1. 1. •Primary •Treaties (IL) • •Secondary •Directives •Regulations •Decisions •Opinions •Tertiary •Recommendations, soft law Principle of Conferral 1. 1. • •JURISDICTION AREAS •1. No jurisdiction of the EU •2. Autonomous jurisdiction (authority) of the EU •3. Overlap of EU/member states authority • • •Principle of Conferral • •EU is not a sovereign, does not have inherent powers, but conferred competences (by Treaties) • • • • • • • • How to Read a Legal Opinion 1. 1. •Facts • •Legal Arguments by the Parties • •Disposition (the action the court took – affirm, reverse, etc.) • •Reasoning •Source of the law •Method of reasoning (following statute, precedent, public policy ground, morality) • •Significance of the Opinion • •Final ruling • •Separate Opinion • Principle of Conferral 1. 1. Article 5 (ex Article 5 TEC) 1. The limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality. 2. Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States. 3. Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level. (…). 4. Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties. (…) • • • • • • EU Competences 1. 1. •Why is it important? Compared to national parliament, if EU legislates, it needs to justify its authority to do so • •EU does not have INHERENT powers, they must be conferred • •i.e. constitutional principle of conferral • • •Legislative competence = material field within which an authority (EU) can act (legislate) • •Problem: instead of list, different types of competences in individual policies • • • • • • • EU Competences 1. 1. •Understanding of these thematic competences further complicated by 1.Spill-over into other policy areas (i.e. the list is not definitive) 2. 2.Rise of EU’s general competences according to A 114 and A 352 -These are two different additions to thematic competences EU has 3.Doctrine of implied powers • • • • • • • • 1. Spill-over 1. 1. •1. Spill-over •Follows from a soft conferral principle (EU has authority to interpret whether it has a competence) • •The Working Time Directive (C-84/94), includes provision that allows the Union to encourage improvements, especially in the working environment, as regards the health and safety of workers. • •Can EU adopt legislation on general organization of working time? • • • • • • • • 1. Spill-over 1. 1. Article 118a. [153 TFEU] 1.Member States shall pay particular attention to encouraging improvements, especially in the working environment, as regards the health and safety of workers, and shall set as their objective the harmonisation of conditions in this area, while maintaining the improvements made. 2. 2.In order to help achieve the objective laid down in the first paragraph, the Council, acting in accordance with the procedure referred to in Article 189c and after consulting the Economic and Social Committee, shall adopt, by means of directives, minimum requirements for gradual implementation, having regard to the conditions and technical rules obtaining in each of the Member States. • •Can EU adopt legislation on general organization of working time? • • • • • • • • EU Competences 1. 1. • • • • • • • • WWW.JUSTIN.LAW.MUNI.CZ