The Court of Justice of the European Union
The Court of Justice of the European Union plays an important role in the functioning of EU cooperation. It is decisive in settling the EU's ground rules. The Court of Justice ensures that EU legislation is interpreted and applied correctly throughout the Union. The Court has its seat in Luxembourg and comprises judges from all EU member states. The Swedish judge is called Fredrik Schalin. Sweden also has two judges in the General Court.
The Court of Justice of the European Union
- interprets EU legislation and ensures that it is complied with;
- resolves disputes between EU member states and between the EU and member states;
- consists of one judge from each EU member state;
- has a special department - the General Court - which rules on actions concerning individuals and companies.
The website of the Court of Justice of the European Union
Interprets the law and resolves disputes
The Court of Justice is the EU's own court. It ensures that EU legislation is uniformly applied in all member states. The Court of Justice also resolves disputes within the EU, checks that legislation has been adopted on the correct grounds and helps national courts in member states to interpret EU legislation.
Composed of judges and advocates general
The Court of Justice of the European Union, consists of one judge from each EU country. The Swedish judge is called Nils Wahl. The Court is also composed of advocates general who investigate and provide interpretation proposals to support the judges. The Court of Justice rules in four types of disputes:
- between EU institutions and member states
- between EU institutions
- between member states
- between EU institutions and companies or individuals.
Disputes when EU countries fail to comply with EU rules
The European Commission is the EU institution that checks compliance with EU laws within the EU. A common type of dispute is where the Commission wishes to take an EU country before the Court of Justice because the Commission considers that the country has not done enough to follow EU rules. Disputes between EU member states are unusual.
Disputes in the EU institutions on the treaties
When disputes arise between EU institutions it is often because they are unable to agree on which article in the EU treaties is to serve as the basis for a new EU law. The EU treaties set out the fundamental rules for cooperation in the EU and may be compared to a country's Constitution.
Courts in EU countries can receive help
If a national court, for example a Swedish district court, is unsure how to interpret an EU law, it can turn to the Court of Justice for advice. This is known as requesting a preliminary ruling from the Court of Justice. In a preliminary ruling, the Court of Justice gives its interpretation of the law in question.
Supreme court must ask in case of doubt
National courts of the highest instance, for example, the Supreme Court, must always ask the Court of Justice if they are unsure how to interpret an EU law. The national courts must always take into account the Court of Justice's response when ruling in the matter.
Cases concerning individuals and companies in the General Court
Under the Court of Justice comes a department known as the General Court, in which there is at least one judge from each member state. There are two Swedish judges in the General Court, Jörgen Hettne and Ulf Öberg. The General Court eases the workload of the Court of Justice, especially in cases concerning disputes between EU institutions and individuals or companies and organisations. This may, for example, concern terms of competition for companies, or claims for damages from the EU. Rulings in the General Court can be appealed to the Court of Justice of the European Union.