European Court of Justice

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European Court of Justice (ECJ) Created in its present form by the Treaty of Rome in 1957, it emerged originally from the ECSC. Its role has been to pronounce over supranational law common to all members of the EEC and its successors, the European Community and the EU. In this role, it has often been described as a ‘motor’ for European integration, since it created a quasi-constitutional legal order that was at best implied in the founding treaties of the EEC and its successors. In 1963, it established the doctrine of direct effect in its Van Gend en Loos decision, which stated that European Community law was directly applicable to citizens of European member states. This was followed by the 1964 Costa v. Enel pronouncement of supremacy, which stated that European Community law took precedence over national law. With the importance of the ECJ thus established, the 1970s saw a large upsurge in ECJ pronouncements, which were made with reference to Art. 177 of the Treaty of Rome. This stipulated that national and regional courts could directly refer legal decisions to the ECJ for an opinion of its compatibility with European law. The 1980s saw a number of challenges in the supreme courts of EC member states to the principle that EC law was supreme over national law even on constitutional matters. But by the late 1990s all supreme courts had accepted the constitutional status of EU law, albeit not unconditionally. The activism and success of the ECJ led to lively discussions as to whether a European Constitutional Convention was desirable, or even necessary. The ECJ with its seat in Luxemburg is not to be confused with the European Court of Human Rights (ECHR) with its seat in Strasburg.

http://curia.eu.int

European Court of Justice judicial branch of the European Union (EU). Located in Luxembourg, it was founded in 1958 as the joint court for the three treaty organizations that were consolidated into the European Community (the predecessor of the EU) in 1967. By the early 1990s, the court was composed of 9 advocates general and 15 judges—one judge from each of the EU nations. All members of the court are appointed for renewable six-year terms by agreement among the EU nations.

The court interprets EU treaties and legislation. Although it may attempt to reconcile differences between national and EU laws, ultimately its decisions overrule those of national courts; they have tended to expand the EU's domain. Increased litigation over the years led to the establishment (1988) of a lower court, the Court of First Instances; appeals to the Court of Justice are tightly restricted. International law cases involving nations outside the EU are heard by the World Court in The Hague; the European Court of Human Rights in Strasbourg, France, is recognized by the members of the Council of Europe and hears cases relating to the European Convention for the Protection of Human Rights and Personal Freedoms.

European Court of Justice (officially Court of Justice of the European Communities) Court responsible for the interpretation and implementation of European Community laws. The court will also rule in cases where member states are alleged to have broken EC laws.