last updated November 1, 2003
Type of Mechanism
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Complaint-recourse
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Scope of the Procedure |
Interpretation of Community law, but not an adjudication of cases concerning individual rights
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Who can Submit a Complaint? |
Member States, European Community Institutions and businesses. Individuals can bring cases but the procedure is limited to a request that the Court annul an EU law that affects them directly and individually.
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Role of Advocates |
Lawyers can represent the parties that can bring cases. Article 25 of the Statute of the Court of Justice allows the Court at any time to hear an expert opinion from an advocate or NGO.
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Available Remedies |
Preliminary ruling on an interpretation of Community law; proceedings for failure to fulfill an obligation; proceedings for annulment; proceedings for failure to act.
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How to Submit
a Complaint |
Cases are submitted to a registry and then distributed among the judges. A specific judge and advocate-general follows each file.
The Court of First Instance, a body created from the Court of Justice in 1989, hears cases brought by individuals .
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Where to Send Communications |
Registry of the Court of Justice
Bd Konrad Adenauer
L-2925 Luxembourg
Tel.: (352) 4303-1
fax: (352) 43 37 66
e-mail: ECJ.Registry@curia.eu.int
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How the Complaint Procedure Works |
The Court procedures are divided into a written and oral phase. First, the parties exchange written statements. Next, a judge-rapporteur, one of the Court judges, prepares a report of the case.
At the next phase, at a public hearing, the lawyers state their case to the judges and an advocate-general, who presents an impartial opinions on cases before the Court. Both the judges and the advocates-general may ask questions of the parties. The advocate-general gives a conclusion to the Court before the deliberate and give their judgments. Judgments are delivered publicly.
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Advantages/ Disadvantages |
The Court of Justice is not an effective remedy for violations of individuals rights, but is the body that ensures that Community Law is interpreted consistently. Individuals can, however, address the Court concerning specific EU laws that they wish to have annulled.
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Additional Resources
The European Union website provides an overview of the Court of Justice of the European Communities, with a description of the role of the Court in issuing preliminary rulings and in proceedings for failure to fulfill an obligation, for annulment, for failure to act. An overview of the system of legal protection for the EU is also available.
The Court of Justice also has a website, Curia with links to information about the institution, the proceedings and case law. The rules of procedure for the Court of Justice and the Court of First Instance can be downloaded from this site.
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