European and international courts

SUMMARY OF:

Article 19 of the Treaty on European Union

Article 257 of the Treaty on the Functioning of the European Union

KEY POINTS

There are many courts that operate at international level and it is not always easy to distinguish their jurisdiction. The aim of this summary is to present the European courts and to distinguish between those which are part of the European Union (EU) and those which belong to other international organisations.

Courts of the EU

The Court of Justice of the European Union (CJEU) refers to the whole judicial system of the EU. It is composed of 2 courts:

• the Court of Justice
• the General Court.

Court of Justice

The Court of Justice has jurisdiction in actions brought by EU countries or EU institutions. It may also have jurisdiction of last resort in judgments delivered by the General Court. In this case, it rules on the questions of law only and not on the facts of the case.

General Court

The General Court is attached to the Court of Justice and is designed to reduce that Court’s workload. The General Court has jurisdiction to hear at first instance actions brought by EU countries or individuals in the cases provided for by the treaties.

Specialised courts

Under Article 257 of the Treaty on the Functioning of the European Union, specialised courts can be created by the European Parliament and the Council in accordance with the ordinary legislative procedure. These courts have jurisdiction at first instance in certain categories of action on specific matters. For example, a European Civil Service Tribunal was established in 2005 to deal with disputes involving the EU civil service. The tribunal has been disbanded and, as of 1 September 2016, its work has been transferred to the General Court.

Different types of action

The CJEU is responsible for ensuring compliance with EU law. It has jurisdiction in actions brought by EU countries, EU institutions and EU citizens. There are several types of procedure:

• action for annulment;
• proceedings for failure to fulfil an obligation;
• proceedings for failure to act;
• action for damages;
• reference for a preliminary ruling.

International courts

There is a wide range of courts and tribunals that hear disputes at international level and have their headquarters on European territory. However, these courts do not come under the auspices of the EU. They are:

• the courts of other European organisations, such as
  • the European Court of Human Rights, an international court set up under the Council of Europe, which currently has 47 Member States; it enforces the European Convention on Human Rights, signed on 4 November 1950 (based in Strasbourg, France) and
  • the EFTA Court (European Free Trade Association), based in Luxembourg, which enforces the Agreement on the European Economic Area;
• the courts created under the auspices of the United Nations, such as:
  • the International Court of Justice, based in The Hague, the Netherlands
  • the International Criminal Court, based in The Hague
  • the International Criminal Tribunal for the former Yugoslavia, also based in The Hague
  • the International Tribunal for the Law of the Sea, based in Hamburg, Germany;
• the independent dispute settlement bodies of the United Nations, such as
  • the Permanent Court of Arbitration, based in The Hague, which administers arbitration* and conciliation* procedures and committees of inquiry in disputes between its 121 member countries, private parties and intergovernmental organisations on the basis of international arbitration regulations,
  • the World Trade Organization (WTO) Dispute Settlement Body, based in Geneva, Switzerland, which settles trade disputes between the 163 WTO member countries.

* KEY TERMS

MAIN DOCUMENT

Article 19 of the Treaty on European Union (OJ C 202, 7.6.2016, p. 27)

Article 257 of the Treaty on the Functioning of the European Union (OJ C 202, 7.6.2016, p. 160)

last update 22.08.2016