This is the sixth lesson of the macro topic “EU institutions, competences and functioning” in the first module.
The objective of this lesson, led by Francesca Berti, is to examine the operational procedures of the EU Court of Justice.
Often overshadowed by the political and economic institutions of the European Union, the Court of Justice of the European Union (CJEU) stands as one of the most powerful engines of integration — shaping not just legal doctrine, but the evolution of the Union itself.
A guardian of the Treaties since the ECSC
Created in 1952 under the European Coal and Steel Community, the CJEU is headquartered in Luxembourg and today operates as a two-tiered system:
- The Court of Justice, which handles preliminary rulings from national courts, certain annulment actions, and appeals.
- The General Court, which primarily examines annulment cases brought by individuals, companies, and occasionally Member States.
Together, they ensure that EU law is applied uniformly across the Union and that its institutions and Member States comply with their legal obligations.
How the Court works — and who sits on it
- The Court of Justice includes 27 judges (one per Member State) and 11 Advocates General, who deliver impartial opinions on cases.
- The General Court has two judges per Member State but no permanent Advocates General.
- Judges serve renewable six-year terms, appointed by common accord of the governments.
The Court issues rulings through formations ranging from small chambers (3–5 judges) to the Grand Chamber of 13 judges or, in exceptional cases, the full assembly.
Landmark rulings that shaped the Union
Through a series of transformative decisions, the Court has established doctrines central to the EU’s legal system:
- Direct effect (Van Gend en Loos, 1963) — individuals can invoke EU law in national courts.
- Supremacy of EU law (Costa v ENEL, 1964) — national laws cannot override EU law.
- Mutual recognition principle (Cassis de Dijon, 1979) — Member States must accept each other’s standards in the internal market.
- State liability (Francovich, 1991) — states can be held liable for failing to implement EU law.
These rulings created a legal framework underpinning not only the Single Market but the constitutional character of EU law.
Procedural mechanisms: from preliminary rulings to annulment
The CJEU responds to legal actions brought by national courts, EU institutions, governments, companies, or individuals under mechanisms including:
- Preliminary rulings — national courts request guidance on interpreting EU law.
- Infringement procedures — brought by the European Commission or Member States when a state breaches EU law.
- Actions for annulment — challenging the legality of an EU act.
- Actions for failure to act — when an EU institution fails to perform its treaty obligations.
- Requests for opinions — used to assess treaty compatibility of international agreements.
Crucially, the Court does not initiate cases: it rules only when actions are filed.
A “silent revolution” through law
By advancing doctrines like supremacy and direct effect, the CJEU has played a foundational role in turning the EU from a cooperative venture into a supranational legal order. Its judgments have strengthened the enforceability of European law and brought citizens and companies into the heart of the EU system.
What began as a court for coal and steel has become the ultimate interpreter of a legal framework shaping the daily lives of 450 million Europeans — a reminder that behind every policy and treaty stands a legal architecture ensuring accountability, coherence, and rights.
