The Court of Justice of the European Union

Jus est art boni et aequi - Justice is the art of good and fairness
I. The selected institution which follow to be analyzed. Motivate your choice...

In a world more and more agressive, ruled by injustice, the existence of an organism which ensures the equal application of the law across all EU Member States was vital. We chose to study this institution because along with Roumanias accession to E.U we have became more aware about the benefits provided by the EUs institutions. In our opinion the Court of Justice means equality, fairness and respect for human rights. Nowadays, this institution is an alternative for the romanian institutions which are not capable to solve a problem impartially because the corruption has covered all the fields. Like many other Romanian people,at the begining,we didnt know lots of information about this institution but now we are pleased to say that our knowlege is improved. During this analysis,we found out that the Court of Justice has its own strengths,but also weakness,opportunities and threats. Being an institution that represents one of the most important factors in Europe,we thought that is an opportunity to become more aware of what happens at EU level and to perceive the functioning of the European Court of Justice, as well its connections with others institutions and the citizens. II. Related to its role and functions, please specify which do you consider as being the strong points/advantages provided through the activity of this institution The Court of Justice of the European Union founded in 1952, which has its seat in Luxembourg, consists of three Courts: the Court of Justice, the General Court (created in 1988) and the Civil Service Tribunal (created in 2004). During our analysis, we identified the following strengths: Having the characteristics of a supranational organism,the Court of Justice benefits of an efficient executional system. The Court is a multilingual institution, its language arrangements have no equivalent in any other Court in the world, since each of the official language of the European Union can be the language of a case. Therefore, the number of official languages is 23. The job of the Court of Justice is to make sure that E.U. law is interpreted and applied in the same way in all EU countries. It ensure, for exemple, that national Courts do not give different rullings on the same issue. The Court, also makes sure that E.U. Member States and institutions due what the law requieres them to do. Another advantage of the Court is its transparancy regarding the information provided through its official site, where we can also find the steps that a case must follow. This informations are published in the same day of delivery. -1-

It also disposes of a translate service and of an information service which has the attributions of a press office, scientific service, documentation and library. Being one of the oldest institutions, approximately 15 000 judgments have been delivered by the three courts and this judgements have important consequences for the daily life of European Union citizens. As of now, no court of any Member State has ever challenged the validity of any legal act of the European Union by any other means than referring the question to the European Court of Justice. The Court of Justice also works in conjunction with the national courts. The debates in the Chamber of the Council are confidential, the judgements of the Court are collective decision and the personal opinion of every judge cant be known. Therefore, the judges are protected against any political or moral pressure. The Court also invests in training its future employees. The wording of the law is clear, precise, and leaves no space for wrong interpretation. The Court operates continuously. Even if the Judicial Vacancies, fixed by itself interrupt the activity, the procedural terms are not suspended. In case of emergency, the President of the Court has the possibility to convene meetings even in this period. The translators employees at the Court are graduated in Legal Sciences and also in foreign languages, because it is very important that everyone benefits of qualified translations. This aspect illustrates the differences between national courts and the Court of Justice. In addition to the reforms in working methods that have been initiated in recent years, the improvement in the institutions efficiency in dealing with cases can also be explained by the wider use of the various procedural instruments at its disposal to expedite the handling of certain cases, in particular the urgent preliminary ruling procedure, priority treatment, the accelerated or expedited procedure, the simplified procedure and the possibility of giving judgment without an opinion of the Advocate General. III. Related to its role and functions, please specify which do you consider as being the weak points/disadvantages provided through the activity of this institution Until now we have presented only some of the strengths of the Court of Justice which ensures the right application of its decisions and a better merge between the E.U. citizens and the member states. This organism has lots advantages but its own disadvantages too, that from now on, we will try to expose. Theoretically, the procedure is free as it results from the Procedural order besides exceptional activities like translates and term fee. Although if a part cant pay the cost of judgment partially or totally, it can ask for free judicial assistance. To take advantage of this aid from the Court, the part must bring a written proof which demonstrates its impossibility to pay. The Court gives a decision regarding the costs in its final judgment, or in the order which closes the proceedings and usually the loser pays all the costs. Even if it is said that the legal aid is free ,in reality it is only a loan from the pay desk of the Court gave in certain conditions and the Court always gets the money back from the part who lost the case. -2-

 Another disadvantage is represented by the strictness of the decisions which cant be applied always by all the Member States. The committed breaches by the Member States may require the payment of a lump sum which in some cases may have serious consequences over the national public finances. We must emphasize also that the application of the law by the European Court of Justice is limited. Another weakness is represented by the European Community law which is superior to national laws. At a first look, it doesnt seem to be a disadvantage but to a closer look we realise that the national law is overriden by the Community law. Courts jurisdiction applies only to the E.U. Member States. For example this jurisdiction is not applied especially on ex-soviet countries that are not yet EU members such as Republic of Moldova or Republic of Macedonia. The General Court is a small court in terms of number of personnel. Comprising 27 judges, the Court of First Instance functions with the help of fewer than 300 officials and other staff. That figure must be contrasted with the Court's obligation to be able to handle cases in the 23 official languages of the Union, but also with the specific features of the cases before the Court. By their nature, these concern files which are particularly voluminous and economically or technically complex, requiring a meticulous examination of the facts, and sometimes having a decisive impact on an entire sector.The Court took measures to increase the efficiency like establishment of three additional chambers; optimising the scheduling of hearings; simplifying procedure in Community trade mark cases; more concise drafting; and the upgrading of statistical and IT tools. However those measures havent prevented the slow in the number of cases pending and, consequently, an increase in the duration of proceedings, which is a real indicator of whether a judicial system is in good health. Also the Civil Service Tribunal is facing with this issue; The statistics concerning the Civil Service Tribunals judicial activity reveal a slight increase in the average duration of a case compared with the previous years (the Court of Justice is not in the same situation, the statistics concerning the Court of Justices judicial activity in last years reveal a very significant reduction in the duration of preliminary ruling proceedings) IV. Related to its role and functions,please specify which do you consider as being the main opportunities that could be emphasized in the activity of this institution One of the opportunities that the Court offers to the citizens of the E.U. Member States refers to judges. It is not necessary that a person who wants to be a judge to the Court to have this job in his origin country. Another opportunity offered by the Court is related with the first one and is regarding the nationality and the citizenship of judges. To understand better we will give you the following example: a judge who is a polish citizen can sit for Denmark or for any other E.U. country. One of the most important benefit of the EU Member States is the equity/impartiality of the Court which applies the same treatment to all states. The facility to find out information about European Court of Justice activities is another gain for the citizens. It exists a Press and Information Service which provides information concerning the activity of the three Courts: Court of Justice, the General Court and the Civil Service Tribunal. -3-

 This institution designates the European Ombudsman and it is the only organism whose activity cant be certified. This is an advantage for the Court itself. The judgments given by the Courts offer better possibility to the European citizens to benefit from the advantages offered by the EU. First at all, the free movement of goods provides the traders the chance to import into their country any product coming from another country within the European Union. Then,the free movement of persons encourages the exchange of information and culture, between EU member states but also between some non-member countries. The freedom provides services offer European citizens the opportunity to work within the Union without being submitted to discrimination based on nationality. The last but not least, the Court has made a considerable contribution to improving the standards of protection of the fundamental rights. In this respect, it looks to the constitutional traditions common to the Member States and to international treaties on the protection of human rights, on which the Member States have collaborated or which they have signed, in particular the European Convention on Human Rights. V. Related to its role and functions,please specify which do you consider as being the main threats possible to be faced in the activity of this institution... Like other european institutions, The Court of Justice must deal with several challenges and is submitted to the threats coming from the E.U. Member States. In the following lines we will try to emphasize one of the most important of them. As a result of the increasing number of member states, the E.U. became more vulnerable in front of these threats. Once with the last extension wave (enlargement of the E.U. Community) on 1 January 2007, Romania and Bulgaria, states from the East of Europe are facing with plenty of problems like a poor economy or mismanagement of funds must aligne their activities with the European Legislation. Until now those two countries didnt accomplished the main requirements established by the Union. Like we said before, the Court of Justice has an essential role in the classification of Community acts1 and doesnt hesitate to analyse the object, the content and the applicability of a Community act in order to classify correctly. The regulation has general applicability and is obligatory and directly applicable in all Member States. Its not allowed to transform the content of a regulation in national legal norms. If this does not comply, the uniform and simultaneous application of the measure could be endangered and this is a possible threat to the Court of Justice. Another threat to the proper functioning of the Court could appear if the national courts do not observe the prescribed time period by the Court in order to implement a directive. The correct implementation of a directive is very important because this Community act limits the Comunity institutionscompetences and extend Member Statesresponsibilities. If ntional courts dont observe the implementation period, the equal treatment of Member States is damaged. The Court of Justice is facing with a constant increase in its caseload and because of that it reforms its working methods, its organization and its operation in order to improve its functioning. Even if the number of decided cases increased in the last years and the average
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We distinguish the one hand, legally binding Community acts: regulation, directive, decision and on the other hand voluntary acts: recommendations and advices.

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duration of proceedings decreased appreciably, the Court must continue its efforts in the next years because the number of new cases increases considerably from year to year and there is a risk that the duration of proceedings increases too. In this situation the Court is forced to deal with cases to a high standard, but in the same time it must reduce the duration of proceedings. VI. Is there any national, regional or local representation of the selected institution in the EU member countries? If yes, please exemplify and particularize the situation (if possible) for Romania Even if the Court of Justice doesnt have an equivalent institution in Romania, it collaborates with the courts of the Member States which are instances of common law in Community law. To ensure effective and consistent enforcement, national courts may refer to the Court of Justice asking it to clarify a question of interpretation concerning Community law. The Court of Justice is composed of 27 judges, one for each Member States. In this way every country is represented. Camelia Toader is the Romanian judge since 12 January 2007 at the Court of Justice. The General Court is made up of at least one Judge from each Member State. The Romanian judge at the General Court since 26 November 2010 is Andrei Popescu. VII. How would you like to improve the activity and services of the selected institution if you would have the power to do it ? Please present your comments, personal opinions, conclusions The activity and services of the Court of Justice can be improved through various ways that we will continue to emphasize. We will also try to offer alternatives, and conclusions related to this institution. A way to improve its activity is to inform citizens about the powers and duties of the Court of Justice, to eliminate existing confusions. Another method is balancing work with family life which can be done by organizing recreational activities outside work (social action and team activity). Also is very important to identify solutions for optimizing the costs of the institution because a well-prepared plan can avoid mistakes of managing and so the performance of the activity can increase. Otherwise is vital to improve a better communication within the departments end even within the institution and thus will increase the transparency of information. For a proper functioning, the Court must prepare questionnaires in order to make a short analysis of the activity of the Court of Justice. Due to the increasing number of cases, the Court of Justice must take into account the idea of establishing other courts in order to share the cases. For a better application of the Community law, the Court of Justice and the national courts should improve their relationships. In the end of this presentation, we understood the Court of Justice is one of the most important institutions of the E.U. which has the mission to ensure that "the law is observed" "in the interpretation and application" of the Treaties, it constitutes the judicial authority of -5-

the European Union and, in cooperation with the courts and tribunals of the Member States, it ensures the uniform application and interpretation of European Union law. Is a complex institution that covers all the fields of activity. Is also a transparent organism and everyone has the chance to brought a case in front of the Court of Justice if they are prejudiced. The Court is a fair institution which treats all the citizens of the Member States in the same way even if they come from a poor state like Romania or Bulgaria or rich states, like France and Germany. The Court of Justice is a supranational institution opened to everyone and give us the chance to work within it if we are well-prepared. The institution has made a considerable contribution to improving the standards of protection of fundamental rights,an example is signing the European Convention on Human Rights.

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