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

The European Court of Justice ensures that European law is applied throughout the member states. The courts job is to supervise the uniform application of EU law throughout the member states.

Extracts from this document...


The European Court of Justice ensures that European law is applied throughout the member states. The court's job is to supervise the uniform application of EU law throughout the member states. By doing this, it can create case law. The court is located in Luxembourg and it has 27 judges appointed for a period of six years. The judges are assisted by eight Advocates Generals who produce opinions on the cases assigned to them which do not have to be followed but are nevertheless usually followed by the court. The judges and Advocates are chosen from those who are suitable for the highest judicial posts in their own countries. The court hears cases referred to it by the European Commission on whether member states have failed to carry out EU law. It has the power to fine any state which is in breach of the law. The ECJ also decides points of law referred to it by courts of member states for a preliminary ruling under Article 234 of Treaty of Rome. Most cases are heard in a plenary session which is when all the judges are sitting together. Only one decision will be given, showing no indication of the extent of the agreement between the judges, and these often consist of fairly brief propositions, from which it can be difficult to discern any ration decindi. ...read more.


There are three main types of EU law, and these are regulations, treaties and directives. Regulations are made by the EU. They are applicable throughout the EU, usually to people in general and they become part of the law of each member nation as soon as they come into force without the need for each country to make its own legislation. A case to illustrate this is, Leonesio v Italian Ministry for Agriculture and Forestry (1973). In this case, regulation to encourage reduced dairy production stated that a cash premium should be paid to farmers who slaughtered cows and agreed not to produce milk for nine years. Leonesio had fulfilled this requirement, but was refused payment because the Italian constitution required legislation to authorise government expenditure. The ECJ said that once Leonesio had satisfied the conditions stated in the EU regulations, he was entitled to the payment; the Italian Government could not use its own laws to block that right. The second are international agreements that are related to as treaties. By entering into a treaty, the government of the United Kingdom is undertaking to implement the laws which are the subject matter of the treaty. The founding treaties are the Treaty of European Union and the Treaty of the Functioning of the European Union. These treaties have been amended over the years and their article numbers changed as the EU expanded. ...read more.


The fishing policy decided by member states in 1983 allowed member states to limit fishing within 12 miles of their own shores to boats from their own country, and left the remainder of the seas around the European Community open to fishing boats from any member state. To preserve stocks of fish, each state was given a quota of fish, and required not to exceed it. Shortly after the new rules were in place, the UK Government became concerned that Spanish fishing boats were registering as British vessels, so that their catches counted against British quota rather than Spanish. The UK Government therefore passed the Merchant Shipping Act 1988, which contained provisions to prevent the Spanish trawlers taking advantage of the British quota. Spanish boat owners challenged the Act, claiming it was in conflict with EU law on the freedom to set up business anywhere in Europe, and the House of Lords agreed. They said S.2(4) of the European Communities Act has precisely the same effect as if a section was included in the 1988 Act saying, that the provisions with respect to registration of British fishing vessels were to be without prejudice to the directly enforceable community rights of nations of any member state. The decision was criticised as comprising the rights of the UK Parliament to make law for the UK. It was pointed out by the House of Lords that joining the European Union meant the UK had to give up some degree of sovereignty. ...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 Machinery of Justice 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 Machinery of Justice essays

  1. International Institutions and Human Rights. The three international institutions and their impact on ...

    can say and do your beliefs, your right to a fair trial and other similar basic entitlements. Most rights have limits to ensure that they do not unfairly damage other people's rights. However, certain rights - such as the right not to be tortured - can never be limited by a court or anybody else.

  2. Critically analyse the relationship between law and justice.

    would be acted on, that he would not enforce his strict legal right; the equitable principle of promissory estoppel makes that promise binding on him. A further example can be found in Miller v Jackson, in which the local cricket ground had been bordered by a number of new houses, and the claimant bought one of them.

  1. Discuss the meaning of 'justice'. Consider the extent to which justice is achieved in ...

    They believe that just rules are those which have a positive result, for the majority of the people. The obvious defect is that the greatest good migh not always reflect what is in everybody's interest, and it sacrifices the interests of the individual for the benefit of the majority.

  2. What Impact will Formalising Plea Bargaining have on Justice and Equality in the English ...

    Society likes to believe that miscarriages of justice are relatively rare but in fact they are common.

  1. "If the Constitution is the source of governmental power, and the judiciary interprets the ...

    When reviewing Acts of congress or the actions of the executive against the constitution there comes an inevitable need to 'interpret' the constitution. The need arises from the Fact that although there are some very specific rights and powers laid down in the constitution (the third amendment is often cited)

  2. Describe how civil disputes can be resolved without going to court (this does not ...

    All of this takes time which more than likely in a commercial situation makes matters worse because the problem cannot be fixed and if it involves other companies communications and cooperation in other matters maybe being cut while the case is being settled.

  1. Court proceedings.

    There is a limited power of jury checking in cases involving national security, terrorism, or where there is reason to believe that disqualified persons are present on the panel. Once jurors have been called and not challenged, they take the jury oath and a place in the jury box.

  2. Notes on Sentencing in British courts

    * Panel have power to advise guidelines be made or revised for particular offence. 3 Types of Sentences Four main types of sentence available to courts: 1. Custodial 2. Community 3. Fines 4. Discharge Have additional such as compensation orders and confiscation of driving licence.

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