5. Political Institutions of the European Union
1. The Council of the European Union: legislative authority
and shares legislative decision making in the most
important areas with the European Parliament.
2. The European Commission: considered to be the executive
branch of the EU - responsible for the day-to-day
management and implementation of the EU budget, recognised
as the guardian of the Treaties.
3. The European Parliament: (1) it has a supervisory role
over the other political institutions, (2) the Parliament
has joint responsibility for the budget and how it is
6. European Court of
Justice
Highest court of the EU in
charge of the judicial work
of the EU.
One Judge from each member
state, 28 in total, assisted
by 8 advocate generals.
ECJ is presided over by a
President elected by the
Judges for a term of three
years, renewable for 6 years.
7. Functions of the ECJ
Enforces EU law and ensures the consistent interpretation and
application of EU law
Hears cases brought by the Member States (their national
courts or by individuals) and the Institutions of the EU; the
Commission, Parliament and Council.
The ECJ mostly hears cases in chambers of three to five
Judges but occasionally they will sit as a plenary session,
which means that there are thirteen Judges sitting. This is
reserved for cases considered to be of exceptional
importance.
8. Functions of the ECJ
The Court has the power to fine or impose penalties on member
states who do not comply with their judgments.
Not possible to appeal decision of the national court to the
ECJ but member states can refer questions of EU law to the
court.
If the court refers the question after they have made their
decision and the ECJ finds that the national court’s decision
is inconsistent with EU law, the ECJ has the power to
overrule the national court decision.
9. It is not possible to
appeal any decision
of the ECJ.
It is final and binding
on all nations and
citizens of the EU.
10. General Court (Formerly Court of First Instance)
- ECJ assisted by the General Court
- Hears actions brought by private individuals and
businesses and actions brought by member states against
the Commission.
- Also hears appeals from certain bodies.
- Consists of one Judge from each member state (28 Judges
presently) who is selected for a renewable term of six
years, plus a registrar. The judges are appointed by
common accord of the governments of the Member States.
11. Decisions of the EGC may
be appealed to the ECJ on
a point of law only.
The case is not re-heard in
its entirety, rather, a
specific point of law is
being appealed.
13. Quick Recap
● Structures and Jurisdiction of the Courts
● Sources of Ireland’s Law: Primary and Secondary
Legislation, Case Law.
● EU Law - Primary Legislation - Treaties, Secondary Regs
and Directives
● Institutions of the EU: Council of the EU, European
Commission, European Parliament,
● European Court of Justice
● General Court