Notes created using ULaw materials for the purpose of assisting existing ULaw GDL students in ULaw GDL exams only. They are
intended to be used as a supplemental tool to aid revision in conjunction with ULaw materials, not as a replacement for them.
GENERAL ADVICE
Don’t use conclusive terms – everything is arguable.
Argue both sides of it.
Principle
Explain
Relate
Conclude
Ie state the law – define the principle – cite the authority
Apply the law to the facts
Present a reasoned conclusion → not necessarily a right answer
Use subheadings
, COURT OF JUSTICE OF THE EU
CJEU = ECJ and General Court
ECJ
Role To standardise interpretation of EU legislation
Adjudicates disputes over the meaning of the EU law
Brings direct actions against EU institutions and MS for breach of EU law
How many judges 1 judge from each MS (A19(2) TEU)
How appointed By joint agreement of the MS GOVs after consulting lawyers (A253 and 255 TEU)
Serve for 6 years and can be re-appointed
AG role Court officials of judicial statues
Task is to put together a draft decision on cases brought before the court (A252 TFEU)
Not binding but a useful tool to understand arguments considered by the Court
General Court
Role Junior court to assist with backlog of cases, formerly called the Court of First Instance
Takes on some work formerly carried out by the ECJ
Key role in comp law cases → has often fined businesses for comp law breaches
Can appeal on points of law to the ECJ against a GC judgement
How many judges At least 1 judge per MS ie at least 28
BUT being increased in stages so that by the end of 2019 there will be 2 per MS
Claim through national courts v ECJ:
Can take 2 years to rule on cases
ECJ cannot order MS to pay damages/annul the national provision → MS decision re measures
Advised that national means of redress are taken before lodging a complaint with ECJ
National courts = more efficient and more direct rights
intended to be used as a supplemental tool to aid revision in conjunction with ULaw materials, not as a replacement for them.
GENERAL ADVICE
Don’t use conclusive terms – everything is arguable.
Argue both sides of it.
Principle
Explain
Relate
Conclude
Ie state the law – define the principle – cite the authority
Apply the law to the facts
Present a reasoned conclusion → not necessarily a right answer
Use subheadings
, COURT OF JUSTICE OF THE EU
CJEU = ECJ and General Court
ECJ
Role To standardise interpretation of EU legislation
Adjudicates disputes over the meaning of the EU law
Brings direct actions against EU institutions and MS for breach of EU law
How many judges 1 judge from each MS (A19(2) TEU)
How appointed By joint agreement of the MS GOVs after consulting lawyers (A253 and 255 TEU)
Serve for 6 years and can be re-appointed
AG role Court officials of judicial statues
Task is to put together a draft decision on cases brought before the court (A252 TFEU)
Not binding but a useful tool to understand arguments considered by the Court
General Court
Role Junior court to assist with backlog of cases, formerly called the Court of First Instance
Takes on some work formerly carried out by the ECJ
Key role in comp law cases → has often fined businesses for comp law breaches
Can appeal on points of law to the ECJ against a GC judgement
How many judges At least 1 judge per MS ie at least 28
BUT being increased in stages so that by the end of 2019 there will be 2 per MS
Claim through national courts v ECJ:
Can take 2 years to rule on cases
ECJ cannot order MS to pay damages/annul the national provision → MS decision re measures
Advised that national means of redress are taken before lodging a complaint with ECJ
National courts = more efficient and more direct rights
