• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Explain the role of the ECJ.

Extracts from this document...


Explain the role of the ECJ. The European Court of Justice is needed to apply and police the rules of the European Union. The ECJ protects its members interests by enforcing EU law, however the ECJ cannot use EU law to expand the EU's powers; it has to abide to strict rules, or judgements based on the treaty commitments and laws that member states agree to. Even if the constitutional treaty is ratified, this will still be the case. Article 220 of the EC Treaty provides that the role of the ECJ is 'to ensure that, in the interpretation and application of the Treaty, the law is observed.' It makes sure that EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone. It ensures, for example, that national courts do not give different rulings on the same issue. ...read more.


The first being that it hears cases which decide if member states do not comply with the obligations under the treaty. An example of this is in the case of Tachographs in 1979, this is when the United Kingdom was told it had to use council regulation on the use of mechanical recording equipment (Tachographs) in road vehicles used for the carriage of goods. The other key function is preliminary rulings; this is when the court hears rulings from national courts, in order for preliminary rulings of points of European Law. This is of great importance, as all decisions made are naturally binding on all courts in member states. To request a preliminary ruling Article 234 under the treaty of Rome is required. And states the following "The court if Justice shall have jurisdiction to give preliminary rulings concerning: (a) the interpretation of treaties; (b) ...read more.


It has a total of 12 judges, of which there can be panels of six, four or three judges. There is 27 of the EU's national legal systems are represented. The Court is assisted by eight 'advocates-general' whose role is to present reasoned opinions on the cases brought before the Court. They must do so publicly and impartially. The Court may meet in plenary session, or create chambers of three or five judges. Only a single judgement is delivered in each case, signed by all judges, without any differing opinions. Therefore, all decisions are both unanimous and anonymous, preventing any attempt to attribute the result to the nationality of the judges deciding A newly introduced structure to the European courts by the treaty of Nice is the creation of specialised judicial panels. Allowing for the creation of specialised tribunal's means it is now possible, following a practice in the Member States, that a specialised EU tribunal could be created to deal with disputes in the field of employment and industrial relations. ?? ?? ?? ?? ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Legal personnel section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Legal personnel essays

  1. Marked by a teacher

    European law

    4 star(s)

    it was held that Treaty provisions, in this case the provision for equal pay for equal work in Article 119, could be invoked against private employers. However, while the concept of horizontal direct effect added further protection to individuals' Community law rights, at the same time it appeared to breach the principle of legal certainty.

  2. Marked by a teacher

    LAW REPORT on Macgregor(TM)s case

    4 star(s)

    The hotel may also be liable under the Occupiers' Liability Act 1957, given that Beatrice is an invited visitor who has sustained injury due to the dangerous condition of the premises. Summary No substantial defences to these actions appear to be available, given the facts as they stand, thus the

  1. Evaluate police powers of arrest, detention and search.

    restored to them if the police are unable to gather sufficient evidence to sustain the person being charged with an offence. Powers of detention arise, more-often-than-not, following arrest but before the detained person is charged with any offence. However a person may be lawfully detained without actually being arrested.

  2. Free essay

    Legal personnel

    jury can compromise of unqualified and qualified citizens, who are required to try cases based on the facts that have been presented before them, in the court. To become a judge, it could be suggested that the academic route is the same as that of lawyers, because judges are selected from a pool of lawyers.

  1. The task of the jury is to weigh up the evidence presented to them ...

    research can be carried out into the way, juries reach their verdict. The House of Lords case of R v Mirza (2004) drew attention to the problem of jury secrecy where, after the trial, a juror writes to the court expressing their concern with how the verdict was reached.

  2. Law and Judicial creativity

    From this, it is easy to see how important a role judges play, Parliament on the other hand cannot 'tailor make' their law to suit everyone and this can come up with unjust results. For example, in the case concerning Diane Blood, who wanted her dead husband's sperm to have

  1. Family Law

    Section 1(2) goes on to say that the marriage will not be taken to have irretrievably broken unless certain events occur. The court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the court of one or more of the

  2. The Selection and Role of Juries

    be made if the juror knows or is related to a witness or defendant. If such people are not removed from the jury there is a risk that any subsequent conviction could be quashed. The Court of Appeal said that justice must not only be done, it must be seen to be done.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work