[MUSIC] It is now time to learn more about the European judicial system by looking at the judicial architecture of Europe. Because the European Union is a democracy governed under the rule of law, it is necessary to have some sort of European Supreme Court. This is called The European Court of Justice, also The Court of Justice of the European Union. It ensures that all European players, play by the rules by interpreting and applying those rules in a consistent fashion all across the Union. The court is based in Luxembourg. It is made of two major courts, the highest court in the land, the European Land, called the Court of Justice and the lower court called the General Court. Both courts are made of independent judges coming from each member state. In essence the court of justice acts as a constitutional court. Determining the outer limits of European action, what the EU can do, and how European law must be interpreted across the whole union. This is crucial because as we will see during this course, European law is not applied exclusively by the European court in Luxemburg, but generally and daily by the national judges operating at the national level. Indeed national courts when facing problems interpreting and applying European law can always ask for help to the Court of Justice. The Court of Justice also acts as a international court when it sanctions European member states for violating European law. Thus, should a country omit to properly apply, implement a European regulation or directive in his own territory, the European Commission may challenge it in front of the Court of Justice and ask for the imposition of important and significant fines. This has happened, for instance, when France persistently failed to check the mesh size of fishing nets used by French fishermen provided for the EU and agreed by France. The other court making up the European judicial architecture is called the General Court. And it acts essentially as an administrative court. It reviews the correctness of decisions taken by the European institutions. This is the court where you or your company may go when you want to challenge the European action does somehow limit your ability of business of your daily rights. The Court of Justice has overall been ruling in favor of integration has been a pro integration institution. And has been pushing for better protection of citizens' rights starting from free movement within the Union. For instance, the European courts have ensured that nationals of one member state can effectively set up businesses in another member state, on the very same basis as locals. But we also have examples showing that the court as being establishing that people and individuals from Europe can obtain medical treatment in another member state and be reimbursed at the same rates they will receive at home. By establishing what we call the free movement of passions in Europe. On several occasions however the European court has attracted severe criticism. Like in the case when in 2003 the European Court of Justice was asked by the European Commission, the guardian of the European treaties, to rule that the Council, the Council of Ministers, violated the Euro's areas stability and growth factor. This was back in 2003. The court found that the council, meaning the European member states, were responsible for suspending an excessive deficit receivers against France and Germany will violate it and breach those specific standards. On these occasions, some observers warn against our government by judges, le Gouvernement des juges, as they say in France. And they claim that the court of justice would have overstep his own powers. A similar debate around the legitimacy of courts, also by definition non-elected institutions, also called counter-majoritarian institutions, can also be seen in United States in relation to some ruling of their Supreme Court. And in many other democracies around the world. Therefore, more than a neutral referee, the European courts can and should be seen exactly like any other European institution. As an effective player in the European game. With an agenda, with some playing skills and a strategy. Let's take a quiz together. All European members are also part of another European court, which, though not related to the European Union per se, has a significant impact on the lives of European citizens. Can you name such a European court? It is the European court of Auditors, The International Criminal Court, the European Court of Human Rights, the International Court of Justice. Well, the right answer is the European Court of Human Rights which is based in Strasbourg. And which belongs, as you may know by now, to the Council of Europe, a completely different organization, than the European Union which was established in 1948, well before the European Union. To, to sum up, what the European courts do. Please, pause the video and try to sum up what has been discussed until now. Okay. Let me prop up and provide you the correct answer. In essence European courts today ensure the uniform interpretation of European law as well as correct application all across the European Union.
