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From course:

EU Recht (Week 1)

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Question:

Define The Court of Justice of the EU.

Author: Bas Dubbelman



Answer:

The definition: 1. Different kinds of courts (Court of Justice, General Court, Specialized Courts) - Court of Justice (ECJ) is the highest and most important court 2. Advocate-Generals assist the Court. They are appointed as officers, however their duty is not to judge. They are independent advisors to the Court, and produce an opinion which is not legally binding on the Court 3. Jurisdiction of the Court of Justice is compulsory within borders 4. ECJ has no inherent jurisdiction (principle of conferral) 5. Functions and powers: - Rule on actions brought by a MS, an institution or a natural or legal person - Give preliminary rulings (interpretations or validity of acts) - Rule in other cases provided for in the Treaties 6. Two actions: - Direct: brought directly before the Court - Indirect: brought before the court by preliminary reference


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