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Name of the institution : Court of Justice of the European
Communities
President :
Mr Vassilios SKOURIS
Address
:
Plateau du Kirchberg
L - 2925 Grand-Duchy of Luxembourg
Phone
number :
(352) 43.03.1
(20) (2) 348.92.38 (Court)
Fax
:
(352) 43.37.66
Internet :
http://Europa.eu.int/cj/index.htm
http://www.curia.eu.int
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Composition and structure
Number of
members :
15 judges and 8 advocates general
Recruitment
procedures and incompatibilities :
The judges
and advocates general are appointed by common accord of the governments
of the member states for a renewable mandate of six years. They
are chosen amongst personnalities presenting all garanties of independance
and which either satisfy the criteria required, in their own country,
to exercise the highest judicial functions or are lawyers of recognized
competence.
The judges and attorneys general are not allowed to exercise any
other, political or administrative, function. Except the case of
a derogation granted exceptionally by the Council, they may not
pursue any professional activity, be it remunerated or not.
Publications :
Unless stated otherwise,
all the following publications are edited in the eleven official
langages of the European Communities :
- Report of the case before the Court of Justice and the Court of
First Instance ;
- Report of the community case law - staff member ;
- Digest of the community case law : serie A (decisions of the Court
of Justice) and serie D (decisions of the Court of justice and of
the national courts concerning the convention of september 27th
1968 on the jurisdiction and enforcement of judgments in civil and
commercial matters) (in german, english, danish, french, italian,
dutch) ;
- Periodical bulletin of case law (french) ;
- Periodical bulletin of case law concerning staff members (french)
- Weekly bulletin on the activities of the Court of Justice and
the Court of First Instance ;
- Annual report on the activities of the Court of Justice and the
Court of First Instance ;
- Alphabetical index of the cases before the Court of Justice and
the Court of First Instance (french and english) ;
- Annotations - References to the annotations of the judgments of
the Court of Justice and the Court of First Instance ;
- Legal bibliography on the european integration ;
- Compendium of legal texts on the organization, jurisidiction and
proceedings of the Court of Justice ;
- Compendium of the conventions of Brussels and Lugano (edition
in several languages including, besides the official community langages,
an irish, icelandic and norwegian translation).
The texts of the decisions of the Court and the conclusions of the
advocates general are also collected in the data basis CELEX of
the Official Publications Office of the European Communities. The
latest decisions are presented on the internet address of the Court.
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Court
functions
Jurisdiction
:
The Court of Justice's mission is to ensure that the law is respected
in the interpretation and application of the treaties establishing
the European Communities.
Organization
of the courts system :
A Court of First Instance has been joined to the Court of Justice
in order to cope with the increasing influx of affairs and to improve
the safeguards available to the individuals by creating a second
tier of judicial authority.
The Court of First Instance, established in 1989, has jurisdiction
to rule all actions for annulment, for failure to act, or for damages
brought by physical or legal persons against the Community. The
affairs treated by the Court of First Instance concern mainly the
community civil service, the competition rules and the trade-marks.
The Court of
Justice may be seized of appeals, on points of law only, against
the rulings of the Tribunal.
The Court of Justice adjudicates in first and last instance the
actions for failure, brought either by the Commission or by another
Member State against a Member State, the actions for annulment or
for failure introduced by a Member State against a Community institution,
or disputes between different Community institutions.
The Court of Justice has exclusive jurisidction to give preliminary
rulings on requests from national courts concerning :
a) the
interpretation of the treaties ;
b) the validity and interpretation of acts issued by the community
institutions ;
c) the interpretation of statutes of organisms created by the Council,
if the statutes provide such a request.
Powers of the judge :
The Court of Justice may establish the failure of a Member State
to fulfil an obligation of the treaties. The Court may also penalize
the inaction or silence of the European Parliament, the Council
or the Commission. If an action for annulment is well founded, the
Court declares the impugned act void. The Court of Justice has full
jurisdiction concerning the penalties established by the regulations
issued by European Parliament and/or European Council. The Court
is competent to award a compensation for damages caused by Community
institutions. If necessary, the Court can decide to delay the execution
of an impugned act and impose provisional emergency measures.
Advisory functions
Existence
and extent of an advisory authority :
The Council, the Commission and a Member State may ask
the Court for an advice on the compatibility of a convention between
the Community and one or several Member States or international
organizations, with the provisions of the EC treaty.
Authority
and publicity of the advisory opinions :
A convention, on which the Court gave an unfavourable advice, may
only come into effect according to the conditions set out in article
N of the Treaty on the European Union concerning the amendments
to the treaties.
The advices are published in the Reports of the Court's decisions.
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