EU Institutions: the Court of Justice of the European Union

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From the course by HEC Paris

Understanding Europe: Why It Matters and What It Can Offer You

148 ratings

HEC Paris

Understanding Europe: Why It Matters and What It Can Offer You

148 ratings

Regardless of where you live, the European Union not only affects your life, but may also transform it. By learning how Europe works, a new world will open up to you and discover new jobs you never heard of. The European Union has a large, yet often unnoticed, impact on many aspects of everybody’s life. We will analyze what the EU is doing for YOU regardless of where you live. We will also look at what YOU can do for and in Europe. Whether you are traveling, eating, working, doing business, shopping, surfing the Internet or breathing, all these activities are largely shaped by the EU. As a result no global citizen, business leader, lawmaker, lobbyist or student can effectively operate in Europe or in the world without a solid understanding of this unique laboratory of integration. While the EU is often depicted as a monstrous bureaucratic creature, condemned to irrelevance by the emerging economies, in 50 years it accomplished what other countries took centuries to realize. The EU remains the most accomplished experiment of economic, social and political integration in human history. Given its inherent complexities, this Course aims at empowering you on what Europe can offer and will enable you to discover jobs and opportunities you were not aware of. Indeed, throughout the whole course, participants will be confronted with real-life examples of EU action. EU affairs professionals will share their personal EU experiences and tell us about their EU jobs. You will also be able to interact with the instructor and other participants, share your opinions, question the instructor’s assumptions and hence shape the course’s content.

From the lesson

Who is the European Union?

Putting a face on the EU. Who is it? Who are its main actors? By whom is it composed? You will identify who decides in Europe and learn how to interact with its main actors.

EU Institutions: the Court of Justice of the European Union6:16

EU Institutions: the European Central Bank5:03

EU Institutions: the European Court of Auditors2:51

The EU Member States7:35

The EU Citizens6:54

The EU Civil Society11:39

Meet the Instructors

Alberto Alemanno
Jean Monnet Professor of EU Law and Risk Regulation

[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.

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