New developments in the activity of the Court of Justice of the European Communities
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Abstract
This article provides an overview of the new developments in the activity of the Court of Justice of the European Communities during the last three years. During this time, the Community legal system has undergone several institutional changes. The internal organization and working methods of the Court have evolved and the case law has been enriched with new decisions.
Special attention is given to the new developments of the preliminary ruling procedure which is considered to be the most important form of cooperation between the Court of Justice of the EC and national courts. Lately, preliminary rulings make up for more than half of the all decisions of the Court of Justice. A short overview of the principal aims of the preliminary ruling system – ensuring the uniform application and interpretation of Community law in all the Member States, reinforcing the rights of individuals as guaranteed by the EC law – is followed by an analysis of its application in the latest case law. Particular attention is given to the new emergency preliminary ruling procedure to deal with references concerning the area of freedom, security and justice. Some possible options of this special procedure are discussed in this article.
The experience of the new Member States with regard to the Court is discussed separately. The new Member States take part in the procedure as applicants, defendants or interveners. Separate attention is given to the cooperation of the Court of Justice of the EC with the national courts of these Member States by way of preliminary rulings.
This article is illustrated by the latest case law of the Court of Justice of the EC. The case law is commented.
Special attention is given to the new developments of the preliminary ruling procedure which is considered to be the most important form of cooperation between the Court of Justice of the EC and national courts. Lately, preliminary rulings make up for more than half of the all decisions of the Court of Justice. A short overview of the principal aims of the preliminary ruling system – ensuring the uniform application and interpretation of Community law in all the Member States, reinforcing the rights of individuals as guaranteed by the EC law – is followed by an analysis of its application in the latest case law. Particular attention is given to the new emergency preliminary ruling procedure to deal with references concerning the area of freedom, security and justice. Some possible options of this special procedure are discussed in this article.
The experience of the new Member States with regard to the Court is discussed separately. The new Member States take part in the procedure as applicants, defendants or interveners. Separate attention is given to the cooperation of the Court of Justice of the EC with the national courts of these Member States by way of preliminary rulings.
This article is illustrated by the latest case law of the Court of Justice of the EC. The case law is commented.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
