Заглавная страница Избранные статьи Случайная статья Познавательные статьи Новые добавления Обратная связь КАТЕГОРИИ:  Археология Биология Генетика География Информатика История Логика Маркетинг Математика Менеджмент Механика Педагогика Религия Социология Технологии Физика Философия Финансы Химия ЭкологияТОП 10 на сайте Приготовление дезинфицирующих растворов различной концентрацииТехника нижней прямой подачи мяча. Франко-прусская война (причины и последствия) Организация работы процедурного кабинета Смысловое и механическое запоминание, их место и роль в усвоении знаний Коммуникативные барьеры и пути их преодоления Обработка изделий медицинского назначения многократного применения Образцы текста публицистического стиля Четыре типа изменения баланса Задачи с ответами для Всероссийской олимпиады по праву 
Мы поможем в написании ваших работ! ЗНАЕТЕ ЛИ ВЫ?
Влияние общества на человека
Приготовление дезинфицирующих растворов различной концентрации Практические работы по географии для 6 класса Организация работы процедурного кабинета Изменения в неживой природе осенью Уборка процедурного кабинета Сольфеджио. Все правила по сольфеджио Балочные системы. Определение реакций опор и моментов защемления |
The various types of proceedingsСтр 1 из 3Следующая ⇒
Foreword Following the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union now has legal personality and has acquired the competences previously conferred on the European Community. Community law has therefore become European Union law, which also includes all the provisions previously adopted under the Treaty on European Union as applicable before the Treaty of Lisbon. In the following presentation, the term ‘Community law' will nevertheless be used where reference is being made to the case-law of the Court of Justice before the entry into force of the Treaty of Lisbon. The European Atomic Energy Community (Euratom) continues to exist alongside the European Union. Given that the jurisdiction of the Court of Justice in respect of Euratom is, in principle, the same as its jurisdiction in relation to the European Union, and to make the following presentation clearer, any reference to European Union law will also cover the law governing Euratom.
Composition
The Advocates General assist the Court. They are responsible for presenting, with complete impartiality and independence, an ‘opinion' in the cases assigned to them. The Registrar is the institution's secretary general and manages its departments under the authority of the President of the Court. The Court may sit as a full court, in a Grand Chamber of 13 Judges or in Chambers of three or five Judges. The Court sits as a full court in the particular cases prescribed by the Statute of the Court (including proceedings to dismiss the European Ombudsman or a Member of the European Commission who has failed to fulfil his or her obligations) and where the Court considers that a case is of exceptional importance. It sits in a Grand Chamber when a Member State or an institution which is a party to the proceedings so requests, and in particularly complex or important cases. Other cases are heard by Chambers of three or five Judges. The Presidents of the Chambers of five Judges are elected for three years, and those of the Chambers of three Judges for one year.
Jurisdiction To enable it properly to fulfil its task, the Court has been given clearly defined jurisdiction, which it exercises on references for preliminary rulings and in various categories of proceedings. Procedure Whatever the type of case, there is always a written stage and usually an oral stage, which is public. However, a distinction must be drawn between, first, references for preliminary rulings and, second, other actions, known as ‘direct actions'. Judgments The Judges deliberate on the basis of a draft judgment drawn up by the Judge-Rapporteur. Each Judge of the formation concerned may propose changes. Decisions of the Court of Justice are taken by majority and no record is made public of any dissenting opinions. Judgments are signed by all the Judges who took part in the deliberation and their operative part is pronounced in open court. Judgments and the Opinions of the Advocates General are available on the CURIA Internet site on the day they are delivered. They are, in most cases, subsequently published in the European Court Reports.
Special forms of procedure · The simplified procedure Where a question referred for a preliminary ruling is identical to a question on which the Court has already been called on to rule, or where the answer to the question admits of no reasonable doubt or may be clearly deduced from existing case-law, the Court may, after hearing the Advocate General, give its decision by reasoned order, citing in particular a previous judgment relating to that question or the relevant case-law. · The expedited procedure The expedited procedure enables the Court to give its rulings quickly in very urgent cases by reducing the time-limits as far as possible and giving such cases absolute priority. On application by one of the parties, the President of the Court may decide, on a proposal from the Judge-Rapporteur, and after hearing the Advocate General and the other parties, whether the particular urgency of the case requires the use of the expedited procedure. Such a procedure can also be used for references for preliminary rulings. In that case, the application is made by the national court seeking the preliminary ruling and must set out in the application the circumstances establishing that a ruling on the question put to the Court is a matter of exceptional urgency. · Applications for interim measures Applications for interim measures seek suspension of the operation of measures which an institution has adopted and which form the subject-matter of an action, or any other interim order necessary to prevent serious and irreparable damage to a party. The costs of proceedings There are no court fees for proceedings before the Court of Justice. On the other hand, the Court does not meet the fees and expenses of the lawyer entitled to practice before a court of a Member State by whom the parties must be represented. However, a party unable to meet all or part of the costs of the proceedings may, without having to instruct a lawyer, apply for legal aid. The application must be accompanied by all necessary evidence establishing that party's lack of means. Language arrangements In direct actions, the language used in the application (which may be one of the 23 official languages of the European Union) will be the ‘language of the case', that is to say the language in which the proceedings will be conducted. With references for preliminary rulings, the language of the case is that of the national court which made the reference to the Court of Justice. Oral proceedings at hearings are interpreted simultaneously, as required, into various official languages of the European Union. The Judges deliberate, without interpreters, in a common language which, traditionally, is French. Flowchart of procedure Written procedure | ||||||||
| Application Service of the application on the defendant by the Registry Notice of the action in the Official Journal of the EU (C Series) [Interim measures] [Intervention] Defence/Response [Objection to admissibility] [Reply and Rejoinder] | [Application for legal aid] Designation of Judge-Rapporteur and Advocate General | National court's decision to make a reference Translation into the other official languages of the European Union Notice of the questions referred for a preliminary ruling in the Official Journal of the EU (C Series) Notification to the parties to the proceedings, the Member States, the institutions of the European Union, the EEA States and the EFTA Surveillance Authority Written observations of the parties, the States and the institutions | |||||||
| The Judge-Rapporteur draws up the preliminary report General meeting of the Judges and the Advocates General Assignment of the case to a formation
| |||||||||
|
Oral stage | |||||||||
| [Hearing; Report for the Hearing] [Opinion of the Advocate General] Deliberation by the Judges Judgment | |||||||||
Optional steps in the procedure are indicated in brackets.
Words in bold indicate a public document.
Foreword
Following the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union now has legal personality and has acquired the competences previously conferred on the European Community. Community law has therefore become European Union law, which also includes all the provisions previously adopted under the Treaty on European Union as applicable before the Treaty of Lisbon. In the following presentation, the term ‘Community law' will nevertheless be used where reference is being made to the case-law of the Court of Justice before the entry into force of the Treaty of Lisbon.
The European Atomic Energy Community (Euratom) continues to exist alongside the European Union. Given that the jurisdiction of the Court of Justice in respect of Euratom is, in principle, the same as its jurisdiction in relation to the European Union, and to make the following presentation clearer, any reference to European Union law will also cover the law governing Euratom.
Composition
| The Court of Justice is composed of 27 Judges and eight Advocates General. The Judges and Advocates General are appointed by common accord of the governments of the Member States after consultation of a panel responsible for giving an opinion on prospective candidates' suitability to perform the duties concerned. They are appointed for a term of office of six years, which is renewable. They are chosen from among individuals whose independence is beyond doubt and who possess the qualifications required for appointment, in their respective countries, to the highest judicial offices, or who are of recognised competence. |
The Judges of the Court of Justice elect one of themselves as President for a renewable term of three years. The President directs the work of the Court and presides at hearings and deliberations of the full Court or the Grand Chamber.
The Advocates General assist the Court. They are responsible for presenting, with complete impartiality and independence, an ‘opinion' in the cases assigned to them.
The Registrar is the institution's secretary general and manages its departments under the authority of the President of the Court.
The Court may sit as a full court, in a Grand Chamber of 13 Judges or in Chambers of three or five Judges.
The Court sits as a full court in the particular cases prescribed by the Statute of the Court (including proceedings to dismiss the European Ombudsman or a Member of the European Commission who has failed to fulfil his or her obligations) and where the Court considers that a case is of exceptional importance.
It sits in a Grand Chamber when a Member State or an institution which is a party to the proceedings so requests, and in particularly complex or important cases.
Other cases are heard by Chambers of three or five Judges. The Presidents of the Chambers of five Judges are elected for three years, and those of the Chambers of three Judges for one year.
Jurisdiction
To enable it properly to fulfil its task, the Court has been given clearly defined jurisdiction, which it exercises on references for preliminary rulings and in various categories of proceedings.
The various types of proceedings
· References for preliminary rulings
The Court of Justice cooperates with all the courts of the Member States, which are the ordinary courts in matters of European Union law. To ensure the effective and uniform application of European Union legislation and to prevent divergent interpretations, the national courts may, and sometimes must, refer to the Court of Justice and ask it to clarify a point concerning the interpretation of EU law, so that they may ascertain, for example, whether their national legislation complies with that law. A reference for a preliminary ruling may also seek the review of the validity of an act of EU law. The Court of Justice's reply is not merely an opinion, but takes the form of a judgment or reasoned order. The national court to which it is addressed is, in deciding the dispute before it, bound by the interpretation given. The Court's judgment likewise binds other national courts before which the same problem is raised.
It is thus through references for preliminary rulings that any European citizen can seek clarification of the European Union rules which affect him. Although such a reference can be made only by a national court, all the parties to the proceedings before that court, the Member States and the institutions of the European Union may take part in the proceedings before the Court of Justice. In that way, several important principles of EU law have been laid down by preliminary rulings, sometimes in reply to questions referred by national courts of first instance.
· Actions for failure to fulfil obligations
These actions enable the Court of Justice to determine whether a Member State has fulfilled its obligations under European Union law. Before bringing the case before the Court of Justice, the Commission conducts a preliminary procedure in which the Member State concerned is given the opportunity to reply to the complaints addressed to it. If that procedure does not result in the Member State terminating the failure, an action for infringement of EU law may be brought before the Court of Justice.
The action may be brought by the Commission - as, in practice, is usually the case - or by a Member State. If the Court finds that an obligation has not been fulfilled, the State must bring the failure to an end without delay. If, after a further action is brought by the Commission, the Court of Justice finds that the Member State concerned has not complied with its judgment, it may impose on it a fixed or periodic financial penalty. However, if measures transposing a directive are not notified to the Commission, it may propose that the Court impose a pecuniary penalty on the Member State concerned, once the initial judgment establishing a failure to fulfil obligations has been delivered.
|
|
· Actions for annulment
By an action for annulment, the applicant seeks the annulment of a measure (in particular a regulation, directive or decision) adopted by an institution, body, office or agency of the European Union. The Court of Justice has exclusive jurisdiction over actions brought by a Member State against the European Parliament and/or against the Council (apart from Council measures in respect of State aid, dumping and implementing powers) or brought by one European Union institution against another. The General Court has jurisdiction, at first instance, in all other actions of this type and particularly in actions brought by individuals.
· Actions for failure to act
These actions enable the lawfulness of the failure of the institutions, bodies, offices or agencies of the European Union to act to be reviewed. However, such an action may be brought only after the institution concerned has been called on to act. Where the failure to act is held to be unlawful, it is for the institution concerned to put an end to the failure by appropriate measures. Jurisdiction to hear actions for failure to act is shared between the Court of Justice and the General Court according to the same criteria as for actions for annulment.
· Appeals
Appeals on points of law only may be brought before the Court of Justice against judgments and orders of the General Court. If the appeal is admissible and well founded, the Court of Justice sets aside the judgment of the General Court. Where the state of the proceedings so permits, the Court of Justice may itself decide the case. Otherwise, it refers the case back to the General Court, which is bound by the decision given by the Court of Justice on the appeal.
· Reviews
Decisions of the General Court on appeals against decisions of the European Union Civil Service Tribunal may, in exceptional circumstances, be reviewed by the Court of Justice as provided in the Protocol on the Statute of the Court of Justice of the European Union.
Procedure
Whatever the type of case, there is always a written stage and usually an oral stage, which is public. However, a distinction must be drawn between, first, references for preliminary rulings and, second, other actions, known as ‘direct actions'.
